The standard sentence for a standard sentence offence is to be treated as one factor in the instinctive synthesis without primacy and not as a starting point, following Brown v The Queen [2019] VSCA 286. In assessing the seriousness of sexual offending against children by a parent, the sentencing judge should focus on contextual aggravating factors including the parental relationship, abuse of authority, breaches of trust, planning and persistence, rather than solely on the specific physical acts constituting the offence. A misdescription of a rolled-up charge as a representative charge will not necessarily warrant appellate intervention where the misdescription inured to the applicant's benefit, though Priest JA's dissent raises the possibility that such misdescription may distort the sentencing exercise in cases involving the standard sentence scheme.
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