Voluntary self-induced intoxication is not a mitigating factor on sentence for sexual assault offences; at best it is neutral, and may be aggravating where the offender had foreknowledge of the effects of alcohol. The 'out of character' exception is extremely narrow and has almost never been applied. A finding of special circumstances under s 44(2) Crimes (Sentencing Procedure) Act 1999 must be purposeful — the reduction in the non-parole period must serve a specific rehabilitative purpose beyond merely relieving the offender of the burden of the minimum sentence.
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