When assessing objective seriousness of a principal offence, the sentencing court must not incorporate material from accompanying Form 1 offences into that assessment; Form 1 offences may increase the sentence through greater need for personal deterrence and retribution, but do not alter the objective seriousness of the charged offence. For offences under s 61M(2) of the Crimes Act 1900 (NSW), the age range of potential victims is 0-16 years, so a victim aged 14 is at the upper end of the range, not the lower end. Autism spectrum disorder involving developmental delay that results in emotional immaturity and gravitation towards younger people may significantly reduce moral culpability in sexual offences involving an age differential, and may reduce the weight given to general deterrence.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
3 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.