The absence of substantial injury under s 90A of the Crimes Act 1900 (NSW) is a matter of mitigation to be proved by the accused, not a matter of aggravation to be proved by the Crown. There is no impermissible duplication where evidence of injury is used both to deny the reduced maximum under s 90A and to establish a circumstance of aggravation for aggravated sexual assault. The weight to be given to a guilty plea may be significantly reduced where the evidence against the accused is virtually incontrovertible.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.