There is no rigid compartmentalisation of rape offences into penile and non-penile categories for sentencing purposes; the particular circumstances of each case determine the level of criminality. Where an offender pleads guilty early to an ex officio indictment for serious sexual offences, a discount of three to four years from the notional head sentence is appropriate, and the automatic operation of s 161 of the Penalties and Sentences Act 1992 (Qld) requiring 80% of the sentence to be served means that a reduction in the head sentence is the only way to give proper allowance for the plea.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
6 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.