Sexual offences by adults against children warrant custodial sentences except in exceptional circumstances, and the dysfunctionality of a remote Aboriginal community does not on its own warrant leniency. Only personal disadvantages suffered by the particular offender should be taken into account, balanced against the seriousness of the offence. Where the prosecution's submissions at sentence contribute to a sentencing miscarriage, the Attorney-General is not precluded from appealing, and the Court of Appeal will re-sentence where the sentencing process has miscarried. For juvenile offenders, the rape of a 10-year-old child should usually result in a custodial sentence in the absence of significant exculpatory circumstances, subject to the statutory requirement that detention be imposed only as a last resort.
The full text is available to signed-in members, including the 45 later cases that cite this judgment.
13 of the 45 citing cases carry a classified treatment. How each court treated it is available to signed-in members.