Where a standard non-parole period exists for an offence, a sentencing judge must set a non-parole period and cannot impose a fixed term of imprisonment. When assessing objective seriousness for standard non-parole period purposes, elaborate reasoning about the putative mid-range offence is not required in many cases; the process is intuitive and based on sentencing experience. The type of penetration in a sexual offence is only one factor in assessing objective seriousness and does not by itself determine the seriousness of the offence.
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