Published 03 September 2018
Exploitative sexual connection with a person with significant impairment — sentencing — R v McNally CA441/92. The defendant was sentenced having been found guilty of one charge of exploitative sexual connection with a person with a significant impairment. The defendant sexually offended against a young person who had a low level of intellectual functioning. The victim was a stranger to the defendant. He met her on the day of the offending after pulling over in his vehicle to speak to her. The defendant rejected the notion that he had known that the victim had a significant impairment, however this was rejected by the jury and the court noted that the impairment was obvious. The court took into account the vulnerability of the victim, the disparity in age and the fact that the victim became pregnant as a result of the offending. The court declined to apply a discount for remorse and the defendant was sentenced to five years' imprisonment. Judgment Date: 24 January 2018.
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