Where technically separate acts of penetration occur within a single sexual episode (such as momentary withdrawal to change position), they may properly be charged as a single count of incest under the episodic exception to the rule against duplicity. A conventional consciousness of guilt direction is inappropriate where pretext conversations are capable only of evidencing an implied admission of a sexual relationship, not guilt of specific offences; substantial modification of the standard direction is required. For worst category incest offending over five years involving a child victim, a total effective sentence of 15 years with a non-parole period of 10 years and 6 months was appropriate.
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