Following a conviction under s 66EA of the Crimes Act 1900 (NSW) (as in force from 1 December 2018), the sentencing judge must make independent findings of fact beyond reasonable doubt as to the nature and extent of the offending, rather than sentencing on the basis of the two least serious unlawful sexual acts particularised in the indictment. The principle in Chiro v The Queen requiring sentencing on the most favourable basis is inapplicable because s 66EA does not require extended jury unanimity on specific unlawful sexual acts. Section 66EA requires proof of continuity and habituality of sexual conduct constituting an ongoing sexual relationship, not merely two isolated acts. The maximum penalty for the current form of s 66EA is life imprisonment, not 25 years, as the current provision is an entirely new offence to which s 19 of the Crimes (Sentencing Procedure) Act 1999 has no application.
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