An interesting tidbit I ran across today, from a Latin American pleading (translated [somewhat unevenly] from the Spanish), setting out the aggravating factor of "unfair advantage":
SO THAT IT IS MET, THERE SHOULD BE REQUIRED
THAT THE PERPETRATOR IS AWARE OF HIS SUPERIORITY OVER THE
VICTIM (LEGISLATION FROM THE STATE OF SAN SALUDOS*). Article 512* of the
Criminal Code establishes there is unfair advantage when the defendant is
stronger than the victim and the victim is unarmed; when the defendant is
stronger due to the weapons, instruments or objects he uses; by his greater skill
with those weapons or due to the number of [weapons that [?]] accompany him; when the
defendant by any means, weakens the victim's defense, or when the victim is
unable to move or fallen and the defendant is armed or standing. Due to the
above, [when] it is deduced that the aggravating circumstance of unfair advantage is
met in any of the circumstances specified in the criminal law [i.e., as above], it is required that
the perpetrator is [found to be] aware of his superiority over the victim.
*Fictionalized to protect the dignity of the region.
