Offences of aggravated sexual intercourse without consent involving digital penetration to a slight degree, without physical violence, occupy a relatively low position in the hierarchy of offences under s 61J of the Crimes Act 1900 (NSW), and sentences must be proportionate to the objective criminality within the full range of conduct comprehended by the section. Substantial weight cannot be given to unsworn, untested victim impact statements as proof of facts adverse to the accused to the criminal standard.
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