A sentencing judge is not required to emphasise in ex tempore remarks on sentence matters that have not been the subject of emphasis in the plea in mitigation by defence counsel. An appeal to the CCA is not the occasion for the revision and reformulation of the case presented below. Intoxication of an offender at the time of the offence may be taken into account on sentence as relevant to moral culpability and degree of deliberation, but whether it is mitigating or aggravating depends on the circumstances. An offence of sexual penetration motivated by a desire to dominate the victim because he or she has failed to comply with the expectations of the offender will very rarely be anything other than a serious offence.
The full text is available to signed-in members, including the 24 later cases that cite this judgment.
8 of the 24 citing cases carry a classified treatment. How each court treated it is available to signed-in members.