Where a sexual offence provision specifies a narrow 12-month age range (such as s 73(2) of the Crimes Act 1900 (NSW)), the victim's precise age within that range is of very little significance to the assessment of objective seriousness. Post-sentencing amendments to the elements of an offence cannot found a ground of appeal based on sentencing error. An ongoing sexual relationship with a person under special care may aggravate rather than mitigate objective seriousness.
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