Section 41(4)(b) of the Criminal Appeals Act 2004 (WA), which abolished the double jeopardy discount on prosecution sentence appeals, does not apply retrospectively to appeals commenced before 27 April 2008; Wallam is overruled on this point. There cannot be sentencing principles specifically applicable to offenders from remote Aboriginal communities; the same sentencing principles apply to all offenders, but courts must take into account all material facts including those arising from the offender's ethnic or cultural background, such as the additional hardship of imprisonment far from community, family and culture. For sexual penetration without consent, absent a guilty plea or exceptional circumstances, a sentence of around 5 to 6 years' imprisonment (after transitional provisions) is the expected range.
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