Where a sentencing judge agrees to take judicial notice of the impact of COVID-19 on custodial conditions but then fails to mention it in remarks on sentence, the only available inference is that the factor was overlooked, constituting sentencing error. The aggravating factors of 'commission in the home' (s 21A(2)(eb)) and 'breach of trust' (s 21A(2)(k)) may both be taken into account as separate aggravating factors in child sexual offence cases, notwithstanding some overlap, and the fact that such offending commonly occurs in the home does not diminish the aggravating nature of the home-commission factor.
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