The [name withheld] uplift for mid-range incest sentences does not apply to the offence of persistent sexual abuse of a child under 16 under s 47A of the Crimes Act 1958 (Vic). The adequacy of sentencing practices for that offence has not been reviewed by the Court of Appeal. Current sentencing practices are not a controlling factor and do not impose a ceiling on sentences. For the offence of persistent sexual abuse, the five particularised incidents required to make out the charge do not exhaust the factual scope of the offending, and aggravating features relating to the broader pattern of offending (such as drug use during other incidents) are relevant to sentence.
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