The sentencing range of seven to nine years imprisonment identified in R v Basacar and R v Stirling for 'rape by stealth' cases (where the offender enters the bedroom of a sleeping victim without consent) does not apply to rape cases where the offender initially entered the premises with the consent of the conscious complainant. In such cases, the absence of aggravating features such as weapons, serious threats, or infliction of injury means the upper end of the range should be lower. Conduct that is inextricably part of the progressive physical overwhelming of the complainant to overcome lack of consent may be taken into account in sentencing without offending the principle against sentencing for uncharged offences.
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