A sentence of 12 years' imprisonment with a 9-year non-parole period represents the upper end (but not outside) the permissible range for maintaining a sexual relationship with a child under 16 under s 47A of the Crimes Act 1958 (Vic), where the offending commenced when the victim was 4 years old and continued for 10 years with extreme aggravating features. Courts may take judicial notice that unprotected sexual intercourse carries inherent risks of pregnancy and sexually transmitted disease transmission, and treat these as aggravating factors without the prosecution leading affirmative evidence of actual disease or pregnancy. The Court left open whether current sentencing practices for this offence are adequate.
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