A prior relationship of friendship between an offender and victim of sexual offences is not a mitigating factor where the offending involved a gross violation of the victim's sexual integrity; it merely explains how the offending came to occur. Vulnerability due to old age under s 21A(2)(l) is a separate aggravating factor from vulnerability due to an impaired state and should not be declined on the basis of 'double counting'. Sentencing judges must do more than recite sentencing principles and statutory provisions — they must explain how those principles are applied to the case, and must address victim impact statements.
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