A sentencing judge must take into account an offender's good character and lack of prior convictions as mitigating factors under s 21A(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW), even where the offender's good character facilitated access to the victim. The weight to be given to good character may be reduced in such circumstances, but it cannot be excluded from consideration entirely. Where an offender has held a position of trust for a substantial period without incident and substantial character evidence is tendered, some weight must be given to that evidence. The offence under s 73 of the Crimes Act 1900 (NSW) is not a 'child sexual offence' for the purposes of s 21A(5A).
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