A finding of substantial emotional harm under s 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999 cannot be made in the absence of evidence that the harm exceeded that which the court presumes victims of sexual assault will suffer. A notional starting point of 16 years 3 months for a mid-range offence of attempted sexual intercourse with a child under 10 (maximum 25 years) exceeds the bounds of sound discretion; 13 years was the appropriate starting point on the facts.
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