A sentence for maintaining an unlawful sexual relationship cannot be increased beyond what the seriousness of the offence merits merely to trigger a serious violent offence declaration and its associated 80% parole eligibility requirement. Where the most serious offence in a cohort is not prescribed as a serious violent offence, the consequence of a shorter parole eligibility date cannot be circumvented by inflating the sentence for an offence that is prescribed. The case also illustrates that where s 229B maintaining charges are based on procuring a child for prostitution rather than direct sexual gratification, this represents an unusual application of the provision, and the absence of personal sexual gratification is a relevant but not determinative sentencing consideration.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.