In sentencing for indecent assault contrary to s 61M(2) of the Crimes Act 1900 (NSW), the absence of sexual motivation on the part of the offender cannot greatly affect the objective gravity of the crime because a sexual connotation is inherent in the offence. The gravity of the offence lies in the harm to the child, not in whether the offender obtained sexual gratification. Sentencing decisions in sexual assault (sexual intercourse) cases regarding the relevance of sexual motivation should not be extrapolated to indecent assault cases without care, because the two offences differ in their requirement to establish a sexual connotation.
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