Sections 10(4) and 29D of the Criminal Law (Sentencing) Act 1988 (SA) must be applied in fixing both the head sentence and the non-parole period for sexual offences against children, weighting the balance of sentencing considerations towards deterrence and protection. A non-parole period that does not reflect this statutory weighting may be manifestly inadequate even where the head sentence is accepted as appropriate. The manifest inadequacy of a non-parole period can be demonstrated by reference to the leniency of the head sentence itself, even where the head sentence is not so low as to warrant a separate grant of leave.
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