Section 21A(5A) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not apply merely because an offender is a family friend who had access to the child through that relationship. Evidence must go beyond the fact of the relationship to suggest the offender's good character or reputation materially assisted in gaining access to the child or committing the offence. The Crown bears a practical, if not evidential, onus to point to evidence of the relevant connection, and may need to adduce such evidence at the sentence hearing. The question left open is what evidence would suffice where a family friend's good character is said to have facilitated access.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.