The aggravating circumstance in s 61J(2)(a) of the Crimes Act 1900 (NSW) does not require that the sexual intercourse cause the actual bodily harm; the Crown need only prove that actual bodily harm was inflicted 'at the time of, or immediately before or after' the offence, and that the offender's state of mind was contemporaneous with the infliction of the harm, not with the sexual intercourse.
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