A sentencing judge must not treat an offender's obligation to register under the Child Protection (Offenders Registration) Act 2000 (NSW) as a form of extra-curial punishment or mitigating factor, as this is prohibited by s 24A of the Crimes (Sentencing Procedure) Act 1999 (NSW). When sentencing for sexual offences against children that form part of a course of conduct, the objective seriousness of each offence must be assessed not in isolation but in the context of the other offences and surrounding similar conduct, including the persecutory and harassing effect of the course of conduct as a whole. The Crown is not obliged to submit specific indicative sentences to the sentencing judge. The Court observed that the anonymisation regime under s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) may defeat the deterrent purpose of sentencing and suggested the subject warrants attention from the Law Reform Commission.
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