A sentence of six years' imprisonment for rape by digital penetration of a 16-year-old stranger in a public place, committed while on parole, was at the top rather than the bottom of the sentencing range where there were no additional aggravating features such as weapons, extra brutality, threats of serious harm, premeditation, or residual injury. The totality principle must be given actual recognition where an offender has already served the balance of a prior sentence (here, approximately 13 months) before being sentenced for the new offences, even where s 156A of the Penalties and Sentences Act 1992 (Qld) would have required cumulative sentences had the prior sentence not yet been completed.
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