Offences of aggravated sexual intercourse without consent involving forced oral intercourse, even when committed in company at night against young victims, do not necessarily fall within the worst class of case attracting the maximum penalty under s 61J of the Crimes Act 1900 (NSW). The nature of the sexual act (oral versus vaginal/anal penetration) remains relevant to the assessment of where the offence lies on the spectrum of seriousness, following Ibbs v The Queen. Significant disparity in head sentences between co-offenders sentenced for accessorial responsibility cannot be justified solely by a finding of a leadership role. An aggregate sentence of 46 years with a 30-year non-parole period for these offences was manifestly excessive and departed from proportionality principles.
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