In order for an abuse of trust to make an offence more serious the relationship between the offender and victim(s) must be one that would give rise to the offender having a significant level of responsibility towards the victim(s) on which the victim(s) would be entitled to rely.
Abuse of trust may occur in many factual situations. Examples may include relationships such as teacher and pupil, parent and child, professional adviser and client, or carer (whether paid or unpaid) and dependant. It may also include ad hoc situations such as a late-night taxi driver and a lone passenger. It would not generally include a familial relationship without a significant level of responsibility.
Where an offender has been given an inappropriate level of responsibility, abuse of trust is unlikely to apply. A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found.