Prior to the Sentencing Legislation Amendment and Repeal Act 2003 (WA), the sentencing range for a single act of penile penetration of the vagina without consent of an adult victim was 6 to 9 years (now 4 to 6 years after the transitional one-third reduction). Remorse is of relatively little mitigating weight where the offender's prior expressions of remorse did not prevent reoffending and the offender is assessed at medium to high risk of reoffending. A sentencing judge must fix individual sentences for each offence before considering cumulation, concurrency and totality; proceeding directly to an overall criminality figure risks sentencing error.
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