The circumstances of a sexual offence against a child may be 'technical' within s 46(a) of the Sentencing Act 1995 (WA) where the offender's conduct was far removed from the predatory exploitation at which the legislation is directed and the offender had no reason to believe the conduct was unlawful. The legislative purpose of s 321 of the Criminal Code (WA) is principally directed at protecting children from abuse by those who would prey on their vulnerability, not at sexual activity as such; the presence or absence of an element of 'abuse' is of considerable importance in sentencing. The reporting obligations under the Community Protection (Offender Reporting) Act 2004 (WA) continue to apply notwithstanding a spent conviction order, and the question of whether reform is desirable in exceptional cases was left open.
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