The Court sentenced a 28-year-old offender with no prior criminal history to an aggregate term of 10 years imprisonment (non-parole period of 6 years 6 months) for eight sexual offences against a 13-year-old victim, comprising four counts of sexual touching of a child under 16 (s 66DB(a)) and four counts of aggravated sexual intercourse without consent (s 61J, aggravation being victim under 16). The Court found the offending was generally below mid-range, with counts 3, 4 and 7 reaching mid-range, and sentenced on the basis of actual knowledge of lack of consent for the s 61J offences. Special circumstances were found based on the offender's isolation, poor English, and need for extended community supervision, and the Court confirmed that the prospect of deportation is irrelevant as a sentencing consideration, following R v Van Hong Pham [2005] NSWCCA 94.
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