In sentencing for offences under s 66C(1) of the Crimes Act 1900 (NSW), the age of the child within the statutory range of 10-16 years is a relevant consideration in assessing objective seriousness — the younger the child, the more serious the offence — even though age within that range cannot be taken as an aggravating factor under s 21A(2). The particular vulnerability of the child arising from circumstances beyond age (such as family circumstances or the offender's knowledge of the child's susceptibility) may properly be treated as an aggravating factor. Delay between offence and charge in child sexual assault cases provides little mitigation where the offender has remained silent in the face of an accusation.
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