When sentencing for a s.66EA offence (original 1998 provision), the objective seriousness is to be assessed by reference to six identified factors including the number and nature of ingredient offences, the victim's age, the duration of offending, the age differential, and the context of access to the victim. Sentencing statistics for individual s.66C(3) offences are of limited utility when the offender is sentenced for a s.66EA offence. A sentencing judge's reference to a 'position of authority' in ordinary parlance, reflecting the factual power imbalance between offender and victim, does not breach the De Simoni principle where it does not constitute a finding of the statutory aggravating factor under s.21A(2)(k). The absence of physical violence or coercion cannot assist an offender by way of mitigation for a s.66C(3) ingredient offence where consent is not an element of the offence.
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