A sentencing judge may describe an offender's conduct as involving a 'breach of trust' in ordinary parlance when assessing objective seriousness, without engaging the statutory aggravating factor under s 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999, where the totality of circumstances (including an adult-child relationship, the child staying at the offender's home, and the offender's knowledge of the child's age and vulnerability) justifies that description. A sentence with a starting point of two-thirds of the maximum is difficult to reconcile with an assessment of objective seriousness as 'a little below mid-range'.
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