In sentencing for aggravated sexual assault by a spouse, the fact that the offence occurred in the matrimonial home is not an additional aggravating feature; such a characterisation would be appropriate only where the offender was an intruder. The sentence of 8 years for a single count of aggravated sexual assault (s 61J(1) Crimes Act 1900 (NSW)) involving a violent spousal rape with actual bodily harm, where the offender showed no remorse but had an otherwise favourable subjective case, was manifestly excessive and reduced to 6 years.
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