Section 21A(2)(m) of the Crimes (Sentencing Procedure) Act 1999 (NSW) has no application where multiple offences are charged separately; it applies only where a single offence contains multiple criminal acts as part of a single course of conduct. Self-sexual gratification, being inherent in sexual offending, cannot be treated as an aggravating factor. Following Muldrock, a sentencing judge is arguably not required to specify the extent to which offending exceeds the mid range of objective seriousness, though this point was not decided.
The full text is available to signed-in members, including the 24 later cases that cite this judgment.
6 of the 24 citing cases carry a classified treatment. How each court treated it is available to signed-in members.