A sentence at the lowest level of the permissible range may survive an Attorney-General's appeal where the mitigating factors are exceptionally substantial, including remorse, full confessions providing the only evidence, desistance from offending, disadvantaged background including childhood abuse, Aboriginal heritage, borderline intellectual functioning, and plea of guilty. The absence of penetration and the child's willingness are not mitigating factors but represent the absence of aggravating factors.
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