The Comert/Ingham principle that offending in the victim's home is not an aggravating factor where the offender is lawfully on the premises remains binding but has been expressly questioned by three judges of the NSWCCA, with Davies J (who sat in Ingham) stating the view may be too restrictive. Resolution requires a bench of five. Prior good character cannot be entirely disregarded even in cases of persistent sexual offending against children; Ryan v The Queen requires it be taken into account, though the weight may be very small. An aggregate sentence with a non-parole period equal to the standard non-parole period for a single offence may be manifestly inadequate where there are multiple serious sexual offences.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.