The sentencing range for rape of a stranger in a public place without a brutal bashing but with significant additional violence sits at the lower end of the 10-14 year range before discount for a guilty plea, and may fall below 10 years after such discount. A serious violent offence declaration under s 161B(3) may be made even where the sentence is below 10 years if the violence used was of a significant degree. The court split on whether such a declaration was appropriate in this case, with the majority favouring it and the President opposing it.
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