The Burr factors remain appropriate for assessing objective seriousness under the current s 66EA where there is a finite number of discrete, well-particularised unlawful sexual acts, but unqualified reliance on those factors may cause the sentencing process to miscarry in cases of pervasive ongoing abuse where individual acts cannot be discretely identified.
The full text is available to signed-in members, including the 1 later case that cites this judgment.