A sentencing judge must not take into account the offences for which the prisoner is being sentenced when determining whether the offender is of otherwise good character, even where the offending involves a pattern of repeat sexual offending over a significant period. For historical sexual offences involving digital penetration where no sentencing range current at the time of offending can be established, the court should approach sentencing by reference to the nature of the criminal conduct and the maximum penalty, and digital penetration must be placed at the lower end of the hierarchy of sexual activity encompassed by the offence of sexual intercourse without consent.
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