In sentencing for sexual intercourse with a child under 10 (s 66A Crimes Act 1900), the type of penetration (digital versus penile) is one factor only and does not by itself determine the seriousness of the offence; it is not to be ranked in a hierarchy. Intoxication does not mitigate the seriousness of the offence where the offender has a history of alcohol abuse and offending while intoxicated. It should be assumed that there is a real risk of long-term psychological and emotional harm from sexual assault of a child old enough to appreciate the significance of the act, and this is an inherent part of what makes the offence serious. The Ellis principle does not justify a quantifiable percentage discount from sentence; admissions to police that do not reveal otherwise unknown guilt do not engage the principle at all.
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