When sentencing an offender as an adult for sexual offences committed as a juvenile, the sentencing judge must make allowance for the different sentencing regime that would have applied had the offences been reported closer to their commission, including the emphasis on rehabilitation and reduced weight of general deterrence and retribution under the Children (Criminal Proceedings) Act 1987 (NSW). However, this does not require the court to predict precisely how the discretion under s 18 would have been exercised; it is sufficient to acknowledge the more favourable regime and reflect it in the indicative sentences.
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