Digital penetration in aggravated sexual assault under s 61J of the Crimes Act, even accompanied by significant violence and threats, does not warrant assessment of objective seriousness above mid-range, given the range of conduct encompassed by the offence including prolonged penile-vaginal intercourse. A sentencing judge may not impermissibly extend the sentence for one offence to create a parole period when all other sentences are fixed terms.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.