In sentencing for sexual intercourse with a child under 10 years (s 66A(1)), the absence of evidence that the offence was committed for sexual gratification is a significant factor reducing the gravity of the offending. A sentencing judge is not required to use a particular form of words (such as 'out of character') provided the substance of the relevant consideration is addressed. Reference to physical injury in sentencing remarks does not breach the De Simoni principle where, read in context, the reference is made as a corollary of considerations of psychological trauma rather than as a circumstance of aggravation.
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