Where an offender uses the internet to contact a child for sexual purposes and plans the offence, these remain aggravating factors on sentence even if the offender held an honest but unreasonable belief the victim was over the age of consent. The question whether public opprobrium alone (without physical or psychological consequences) constitutes extra-curial punishment warranting mitigation remains unresolved, though demonstrable physical or psychological harm from public humiliation may qualify. Whether the impact of public humiliation warrants mitigation is a factual finding for the sentencing judge.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
9 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.