Uncharged sexual misconduct in child sexual offence cases may be used to deny leniency (by showing offences were not isolated) but must not be used to elevate the objective seriousness of the charged offences by way of aggravation. The R v JCW principles remain the governing law in NSW on the use of uncharged conduct in representative count cases. A sentencing judge's assessment of an offender's remorse and insight, including rejection of self-serving untested statements to a psychologist, will not readily be disturbed on appeal.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
8 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.