A Victorian mother jailed for having sex with a 12-year-old boy who fathered one of her children has lost a bid to reduce her prison sentence.
The woman, who was 24 years older than the boy, was jailed in 2015 for at least three years and six months after pleading guilty to persistent sexual abuse of a child under 16.
She challenged her sentence, and the Court of Appeal on Tuesday ruled the sentencing judge had made an error, but found the mother did not deserve a shorter term for her crime.
"The sentence is high when compared to other sentences for offending of this kind, but the moral culpability here is itself very high," Justices Stephen McLeish and Simon Whelan said in their decision.
The woman was 36-years-old when she began driving the boy to school in 2011 because his mother had to work early.
The woman started developing feelings for the boy and commenced a sexual relationship with him.
The pair had unprotected sex about once a week over a five-month period.
In May 2014 the woman gave birth to a girl after telling the boy she thought the baby was his.
By then, the woman had separated from her husband, who had expressed concerns about the relationship.
The boy's mother also visited the woman in hospital after she gave birth, but was unaware her son was the father.
Shortly afterwards the boy's parents found out about the relationship and they confronted the woman, who denied their son had fathered the baby.
A DNA test confirmed the boy was the baby's father.
In July 2015 a Victoria County Court judge said the woman was remorseful and unlikely to reoffend and sentenced her to a maximum of six years in prison.
The woman appealed on the basis the original judge should not have sentenced her as a "serious sexual offender".
The Court of Appeal agreed the woman was not a serious sexual offender but upheld her original sentence.