A non-custodial sentence for an offence under s 66A of the Crimes Act 1900 (sexual intercourse with a person under ten, maximum 20 years) may be upheld on appeal where the offender has severe adaptive functioning deficits (not merely mild intellectual disability), the admissions were obtained in questionable circumstances, the admissions lacked conviction, custodial options are practically unavailable or would pose serious risk to the offender, and clinical evidence indicates no ongoing risk of reoffending. The Crown's characterisation of the disability as merely 'mild intellectual disability' was rejected as a significant over-simplification where the evidence showed severe deficits in communication, socialisation and daily living skills.
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