Sexual Offences (Sentencing)

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General Principles

De facto consent of the victim is not an appropriate form of mitigation.[1]

Child Sexual Offences

Position of Trust

Position of Trust as a Factor in Sentencing

Historical Sex Offences

Historical Sexual Offences should not have their penalties reduced simply because of the time that has passed between the offence and sentence. The magnitude and culpability remain the same. [1] The importance of denunciation and deterrence as primary sentencing objectives are not diminished.[2]

However, the passage of time can show that the offender is a low risk to re-offend and that the offence is not in the character of the offender.

Case Digests

See Also