A conviction for sexual intercourse without consent under s 61I of the Crimes Act 1900 (NSW) will ordinarily result in a sentence of full-time imprisonment, but exceptional circumstances — including youth, good character, contrition, and strong rehabilitation prospects — may justify periodic detention. The 1991 increase in the maximum penalty from 8 to 14 years reflects community standards that courts must give effect to. Periodic detention has a strong degree of leniency built into it and is outwardly less severe in its denunciation of the crime.
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