The notion of consent has no role to play in sentencing for serious sexual assaults on very young children; it is inappropriate to equate a child's appreciation of a sexual experience with that of a mature adult. The voluntary cessation principle from R v Burns (applicable to ongoing criminal enterprises such as drug supply) does not apply to child sexual offending, particularly where the offender showed no remorse and committed further offences after the victim asked him to stop. Where comprehensive sentencing statistics for the relevant historical period are unavailable, a sentencing judge may rely on available case law and the principle that sentences must adequately reflect criminality regardless of when offences were committed.
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