A trial judge may refer to the availability of majority verdicts in a perseverance direction given before the preconditions of s 55F of the Jury Act 1977 (NSW) are satisfied, provided the direction merely states that the circumstances have 'not yet arisen' without specifying when they will arise, and emphasises that the verdict must still be unanimous. The Black direction is not undermined by such a reference. Section 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not operate to aggravate an offence where the offender was lawfully present at the victim's home. Commission of sexual offences for the offender's sexual gratification is not an aggravating factor where it is inherent in the offence.
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