Abuse of trust is a distinct concept from abuse of authority and is not an element of the offence under s 66C(2) of the Crimes Act 1900 (NSW). A sentencing judge may take abuse of trust into account as an aggravating factor under s 21A(2)(k) for s 66C(2) offences, provided the judge identifies the particular circumstances constituting the breach of trust that go beyond mere abuse of authority. The degree of trust between a father and child may vary and depends on the particular circumstances of the case. Caution must be exercised to avoid punishing an offender twice, but where the sentencing judge clearly explains the basis for the finding of aggravation, no error arises.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.