When sentencing for child sexual offences, the victim's age cannot be treated as an aggravating factor under s 21A(2)(l) (vulnerability) where it is already an element of the offence charged. Where an offender is charged under s 66C(1) rather than s 66C(2), the offender's position of authority over the victim cannot be taken into account as an aggravating feature, as this would contravene the De Simoni principle. The s 21A(2)(m) 'series of criminal acts' factor applies to multiple acts within a single charge, not to the existence of multiple separately charged offences. A history of childhood sexual abuse that contributed to the offender's criminality is a factor in mitigation reducing moral culpability, the weight of which depends on the facts of the individual case.
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