A sentence of 4 years' immediate imprisonment for a single count of sexual penetration without consent involving opportunistic penile penetration of a sleeping, intoxicated complainant — where the offender desisted upon protest, used no force, threats or intimidation, and had no prior criminal history — was manifestly excessive and was reduced to 3 years. The 'average starting point' identified in [name withheld] should not be adopted as a sentencing methodology or tariff.
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