The R v D sentencing guideline of approximately 12 years as a starting point for persistent sexual offences against children under 12 by persons in authority continues to apply and sentencing judges must explain any significant departure from it. Section 29D of the Criminal Law (Sentencing) Act 1988 (SA) does no more than require the Court to have regard to R v D and does not fetter the sentencing discretion. Section 340 of the Criminal Law Consolidation Act 1935 (SA) removes double jeopardy as a consideration at the resentencing stage but not at the permission to appeal stage.
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