In sentencing for offences against children by persons in a position of trust, characterising the offender's culpability as 'poor parenting' rather than an abuse of the parental relationship constitutes error. The failure to seek medical treatment for a child victim is an aggravating factor even where the offender was not separately convicted of a medical neglect offence, provided taking it into account does not breach the De Simoni principle. However, a Crown appeal may be dismissed despite established error where double jeopardy considerations, including the respondent's imminent release, weigh against intervention.
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