A finding of 'genuine affection' between a child victim and an adult offender cannot be used as a mitigating factor in sentencing for sexual offences against children; it can only be relevant to rebut or diminish an alleged aggravating feature of predatory conduct. The case also illustrates the tension in exercising the residual discretion to dismiss a Crown sentence appeal where manifest inadequacy is established but resentencing would result in only a short custodial term for a young offender who has partially served the original sentence. The majority and minority disagreed on whether partial completion of community service and the undesirability of short custodial sentences for young offenders justified declining to intervene.
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