An attempt at aggravated sexual intercourse is generally less serious than the completed offence, and a sentencing judge should not equate the two in assessing objective seriousness, even though the maximum penalty is the same. A sentencing judge is not bound by an agreed statement of facts and may have regard to supplementary material (such as a complainant's statement) tendered without objection, provided the material is used to elaborate upon rather than contradict the agreed facts and does not breach the De Simoni principle.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
5 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.