A suspended sentence of imprisonment for sexual penetration of a child is not necessarily manifestly inadequate where the offender has demonstrated exceptional rehabilitative efforts, including voluntary engagement in extensive counselling at own expense, and is assessed as low risk of reoffending. However, the term of imprisonment must still adequately reflect the seriousness of the offence. A term equivalent to approximately 1 year and 9 months under the former sentencing regime was manifestly inadequate for a sexual penetration involving violence against a 13-year-old stranger; a term equivalent to 3 years (reduced for double jeopardy) was appropriate.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
7 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.