CRIME — SENTENCING — child sex offences — adult maintain an unlawful sexual relationship with child under 16 — victim offender’s step-daughter — relationship of over five years — plea of guilty on day of trial — no subjective material tendered — above mid-range
Quick Take
1Where an offender tenders no subjective material at sentencing, the court cannot make findings reducing moral culpability, and the absence of mitigating evidence significantly constrains the sentencing exercise in the offender's favour.
2The objective gravity of a s 66EA(1) offence is assessed by reference to the factors enumerated in RA v R [2024] NSWCCA 149 at [102]-[103], including duration, nature of relationship, age of child, frequency and nature of acts; here assessed as above mid-range but not worst category given the approximately 4.5-year period, hundreds of instances of intercourse, position of trust, and grooming/controlling behaviour.
3Following Sampson v R [2025] NSWCCA 25 at [49], it is not appropriate to round down a sentence after applying a percentage discount for a guilty plea.
