When assessing the objective seriousness of aggravated sexual intercourse offences under s 66C of the Crimes Act 1900 (NSW), the circumstance of aggravation must be assessed within the hierarchy of aggravating circumstances in s 66C(5). A casual, unpaid babysitting arrangement establishing authority over a child falls at the lower end of the hierarchy of authority relationships, below parents, teachers, and treating professionals. An assessment of such offences as approaching the mid-range of objective seriousness may not be reasonably open where the offending does not involve violence, weapons, or other more serious aggravating features.
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