A relationship of trust as an aggravating factor in sexual offence sentencing must be proved beyond reasonable doubt where no presumptive category applies. The Dempsey sentencing factors — particularly relationship of trust and age disparity — carry significantly less weight in offences requiring proof of absence of consent compared to child sexual offences. A cultural taboo regarding sexual conduct within extended Aboriginal families cannot, of itself, give rise to a relationship of trust for sentencing purposes.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.