1Sexual penetration of a child under 16 may fall at the lower end of seriousness — akin to the 'exceptional case' identified in [name withheld] v The Queen — where the offending occurs in the context of a genuine boyfriend/girlfriend relationship with a small age gap, no breach of trust, no physical violence or coercion, and where the offender had only just turned 18.
2For a youthful first-time offender with cognitive deficits, low IQ, very good rehabilitation prospects, low risk of reoffending, and demonstrated compliance with bail supervision, a community correction order can satisfy the sentencing purposes of denunciation, just punishment, deterrence and rehabilitation even for standard sentence offences, where the offending is assessed as being at the lower end of seriousness.
3In assessing production and possession of child abuse material, the gravity is reduced where the material depicts only the offender and the complainant in the context of their relationship, was not produced for sale or distribution, and no other child abuse material was found.
Case Details
Citation[2020] VCC 2014
CourtVCC
JurisdictionVictoria
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