Voluntary disclosure of serious child sexual assault offences during a rehabilitative program, even where the offences would not otherwise have come to light, does not justify a non-custodial sentence where the offences are objectively very serious. The significant added element of leniency for such disclosure must not lead to a sentence unreasonably disproportionate to the nature and circumstances of the offences. The onus lies on the respondent to a Crown appeal to establish that the residual discretion not to intervene should be exercised in their favour.
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