For the purposes of s 47A of the Crimes Act 1958 (Vic), multiple sexual acts occurring as part of a single continuous episode of sexual activity constitute a single 'occasion' and cannot satisfy the requirement of three separate occasions. There must be a clear separation in time or circumstance between acts for them to constitute separate occasions. An alternative count under s 47A(5) remains available even where the evidence cannot establish the substantive s 47A count, provided the alternative offence is open on the evidence. A sentence of six years for attempting to pervert the course of justice by procuring false affidavits was held to be outside the range of current sentencing practices.
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