Offences under s 474.25A(1) of the Criminal Code (Cth) (using a carriage service to engage in sexual activity with a child under 16) would ordinarily, as a matter of fact, be met with an immediate term of imprisonment, with general deterrence as the paramount sentencing consideration. However, a combination of unusual subjective circumstances — particularly youth, immaturity close to the age of victims, and mental illness contributing to the offending — may justify release forthwith on recognizance under s 20(1)(b) of the Crimes Act 1914 (Cth). This is the first intermediate appellate decision on sentencing for s 474.25A(1) offences.
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