The offence of attempted aggravated sexual intercourse without consent under s 61P of the Crimes Act 1900 (NSW) does not carry a standard non-parole period under s 54D of the Crimes (Sentencing Procedure) Act 1999 (NSW). Sentencing judges must consider the interaction between non-parole periods and the age thresholds in s 19 of the Children (Criminal Proceedings) Act 1987 when directing service as a juvenile offender, particularly whether special circumstances exist under s 19(3).
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