A single prior appellate decision does not establish a 'benchmark' or 'range' for sentencing; consistency in sentencing derives from a body of cases, not one decision. For aggravated sexual assault under s 61J involving a young child, position of trust, restraint, gagging, and serious physical injury, a starting point of 15 years before discount is not surprising, and a sentence of 5 years is manifestly inadequate. Since R v Brooker, there has been a significant change in the approach taken by the NSWCCA to sentencing for sexual offences (per R v AEM).
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