In sentencing for child sexual offences under s 66A(1), the absence of physical injury, force, or coercion cannot be treated as mitigating the objective seriousness of the offending, as these are aggravating factors for the more serious s 66A(2) offence. The absence of evidence of present psychological harm to a very young victim cannot be treated as a mitigating factor; the fallacy is to equate no evidence of harm with evidence of no harm. Where multiple s 66A(1) offences are committed, the aggregate sentence must reflect that the cumulative criminality is far more serious than a single offence, and each successive offence increases the likelihood of sexualisation and psychological damage.
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