When sentencing for offences under s 474.26(1) of the Criminal Code 1995 (Cth), the nature of the sexual activity proposed is one factor among several in assessing objective seriousness, not a determinative consideration. Relevant factors include monetary inducement, persistence of pursuit, age of the recipient, age differential, steps taken to preserve anonymity, and prior convictions. The maximum penalty of 15 years imprisonment is a significant yardstick that distinguishes Commonwealth offences from comparable State offences with lower maxima. Sentencing decisions under State legislation (such as s 218A Criminal Code (Q)) are of limited assistance as to range but may assist in identifying relevant aggravating and mitigating circumstances. A sentencing judge is not bound to accept the terms of a communication at face value where the offender has a history of serious sexual offending against children.
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