Section 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not operate to aggravate an offence committed by a person lawfully in the victim's home at the time. Where a sentencing judge erroneously treats this as an aggravating factor across multiple counts, the error will vitiate the sentences and require resentencing. The duration of sexual intercourse remains a relevant factor in assessing objective seriousness in both directions — shorter duration argues for lesser seriousness, longer duration for greater seriousness.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.