"While on the evidence it is clear that you took advantage of a lone woman who was rendered vulnerable by the amount of alcohol she had consumed, and the location in which she found herself, the issue I have had to consider is whether she could be considered to be particularly vulnerable, which is the phraseology adopted by the Sentencing Guidelines and indeed by the courts. On that hinges my decision as to whether this was a Category 2 or a Category 3 harm case. … … it is conceded that [the victim] was in a vulnerable position due to the location and timing of the offence and due to her intoxication, but it is submitted that she was not a particularly vulnerable victim as contemplated by the Guidelines. This was not a situation in which the victim appeared to have been rendered insensible through drink or drugs or close thereto. [She] remained alert and conscious throughout the incident, notwithstanding that her subsequent recollection of events was impaired."