A terminally ill spouse who is bedridden and expected to live only months, where the offender is her partner of long standing, can constitute exceptional family hardship under Markovic v The Queen, enlivening the sentencing court's discretion to exercise mercy even for serious sexual offending against a child. However, Hargrave JA's separate reasons signal that evidence of exceptional circumstances should not be left to presumption or inference — specific evidence of care needs, sole carer status, and the wishes of the affected family member should be adduced. A Crown concession of exceptional circumstances at the plea hearing may preclude the Crown from revising its position on appeal.
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