The age of an elderly offender is a mitigating factor in sentencing because imprisonment represents a greater burden on an elderly person than on a younger person, and a term that might be moderate for a younger offender could amount to a life sentence for an offender in their eighties. A sentencing judge must expressly consider this factor. Evidence of a complainant's prior sexual experience as a child, where the complainant was a young teenager from a dysfunctional household, is unlikely to satisfy the threshold in s 4 of the Criminal Law (Sexual Offences) Act 1978 (Qld) and may be counterproductive to the defence by generating sympathy for the complainant.
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