Abuse of a position of trust by a parent is not inherent in the offence of sexual intercourse with a child under 10 (s 66A Crimes Act 1900) and must be separately taken into account as an aggravating factor under s 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999. A marked disparity between sentences imposed for counts involving similar conduct may indicate manifest excess, even where one count involves a greater degree of physical force. A sentencing judge's misstatement of the maximum penalty in remarks on sentence, subsequently expressly corrected, does not establish that the judge applied the wrong maximum penalty.
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