In sentencing for sexual offences against children under s 66A(2) of the Crimes Act 1900 (NSW), the absence of sexual motivation and the absence of grooming are significant factors relevant to the assessment of objective seriousness and must be taken into account by the sentencing judge. The fact that the offence occurred in the victim's home is not an aggravating factor where the offender and victim reside together. Describing the standard non-parole period as 'binding' and 'not merely a guideline' constitutes Muldrock error, even where the sentence actually imposed is below the standard non-parole period.
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