The existence of a relationship between an offender and victim does not mitigate the objective seriousness of sexual offending where the offending occurred in the context of significant domestic violence and the victim repeatedly refused intercourse. The mitigating effect of a relationship recognised in NM v R and Norman v R is confined to cases where the factual circumstances support it, particularly where the victim had been willing to engage in intercourse shortly before the offending. Multiple established sentencing errors, including Muldrock error, do not automatically warrant an extension of time to appeal; the Court must still assess whether some lesser sentence is warranted in law.
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