Indicative sentences for sexual intercourse offences against children under ss 66A and 66C(2) of the Crimes Act 1900 (NSW) involving penile penetration must reflect the very significant custodial sentences consistently imposed or indicated by the NSWCCA in comparable cases. An undiscounted indicative sentence of 6 years for a s 66A offence and 5 years 4 months or 8 years for s 66C(2) offences accompanied by serious Form 1 offences is far below the proper range. The Crown seeking to invoke s 25AA(3) of the Sentencing Act must identify the specific trauma and the research or common experience relied upon.
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