The short duration of a sexual assault does not ordinarily reduce its objective seriousness; only extended duration adds to seriousness. Young prisoners confined to cells after lockdown are a vulnerable class under s 21A(2)(l). Where a plea to a non-aggravated sexual assault is accepted in full satisfaction of an aggravated charge, the De Simoni principle constrains the sentencing judge from taking into account as aggravating factors matters constituting circumstances of aggravation under s 61J(2). When accumulating sentences, the sentencing judge must ensure the effective non-parole period appropriately reflects the criminality of the offence, including its objective gravity and the need for deterrence.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
9 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.