The Court imposed Community Corrections Orders (2 years for sexual intercourse with a child under 10; 1 year for intentionally inciting a child under 10 to sexually touch) rather than custodial sentences for a juvenile offender (aged 15-16 at offending), emphasising that rehabilitation takes precedence over deterrence and retribution for young offenders with strong prosocial profiles, stable family and employment, and very low assessed reoffending risk. The Court found both offences were well below mid-range objective seriousness and held that on the facts, including the offender's immaturity, diagnosed ADHD/ODD, absence of criminal history, and stable community ties, section 5 of the Crimes (Sentencing Procedure) Act 1999 precluded imprisonment where a community-based order could better serve rehabilitation and community protection. The Court accepted that continued denial of offending, while adverse to the subjective case, did not per the psychological evidence increase reoffending risk or reduce therapy effectiveness.
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