A direction by an offender to a victim not to tell anyone about criminal conduct can constitute a threat for sentencing purposes, even without express consequences for non-compliance; the nature of the statement is informed by the context in which it was said. Prospects of rehabilitation and risk of re-offending are inter-related factors under s 21A(3)(g) and (h) of the Crimes (Sentencing Procedure) Act 1999 (NSW), and it is not necessary that each be addressed in express terms provided the reasons as a whole show they have been considered. The relative age of a victim to an offender in sexual assault cases is relevant to objective seriousness where the age differential increases the victim's vulnerability as exploited by the offender.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
10 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.