Intoxication may operate as a mitigating factor in sentencing where the offender acted out of character due to alcohol, even if the offender retains memory of the offences; the mitigating role of intoxication is not confined to cases of complete memory loss. Prior good character retains weight in sentencing for sexual offences against children where the offending is not of the repetitive type. Where a finding is made that digital penetration of a child was not sexually motivated, the offence falls significantly below the mid-range of objective seriousness for s 66A, and the concurrent s 33 offence must be assessed on its own terms without the sexual connotation.
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