In sentencing for sexual intercourse without consent under s 61I of the Crimes Act 1900, the existence of a prior sexual relationship between the offender and complainant, and an ongoing intermittent sexual relationship at the time of the offences, is relevant to the assessment of objective seriousness and may place the offences well below mid-range. A sentencing judge who characterises such offences as mid-range without properly accounting for the relationship context commits error.
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