In sentencing for unlawful sexual intercourse with a person under 17 under s 49(3) CLCA, the complainant's consent does not of itself mitigate the offence; age disparity is a relevant factor that declines in relevance the greater the gap; and a relationship falling short of a position of trust may still properly be characterised as a 'breach of relationship' where the offender has taken advantage of a vulnerable child's connection to the offender's household. Where a psychiatric report finds no causal link between mental impairment and the offending, the sentencing judge need only take mental health issues into account as part of personal circumstances relevant to rehabilitation prospects.
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