The persuasive presumption of harm to child victims identified in Clarkson v The Queen applies to all sexual offences committed via the internet, including preparatory offences of grooming and procuring, offences not involving masturbation or nudity, and child pornography offences where the victim is aged 16 or 17. The presumption is a factual assumption arising by way of inference from the nature of the offence, with the onus of disproving it resting on the offender. The presumed harm need not be immediate or manifest but includes the danger of future harm. Where harm was conceded at first instance, the argument that no harm should be presumed is precluded on appeal.
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