Self-induced intoxication cannot be taken into account as a mitigating factor under s 21A(5AA), even where it is said to explain otherwise inexplicable conduct; there is a fine line between using intoxication to explain conduct and using it as an excuse. The aggravating factor of abuse of a position of trust under s 21A(2)(k) requires an established relationship involving an obligation of care and protection, and is not made out merely by the existence of a familial relationship such as uncle-niece without evidence of the particular circumstances of that relationship. The inability to impose supervision conditions on an interstate offender under s 89(4A) is a relevant factor in the exercise of the residual discretion not to resentence on a Crown appeal.
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