For offences under s 91D(1)(b) of the Crimes Act 1900 (NSW), the apparent willingness of a child prostitute to provide sexual services is not a mitigating factor in assessing objective seriousness; rather, apparent unwillingness would be an aggravating factor. General deterrence is a significant sentencing consideration for child prostitution offences. The residual discretion not to resentence on a Crown appeal may be exercised where there have been extraordinary delays, onerous bail conditions, and the offender has made progress towards rehabilitation.
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