A sentence of 5 years imprisonment (NPP 2½ years) for a single count of sexual intercourse with a person aged between 14 and 16 (s 66C(3)) was manifestly excessive where the victim was close to 16, the incident was isolated and unplanned, there was no force or coercion, and the offender had favourable rehabilitation prospects, notwithstanding the exploitative character of the offending. The appropriate sentence was 4 years (NPP 2 years). The question whether a sentencing court may impose a fixed term to reduce the appropriate sentence for a standard non-parole period offence remains unresolved.
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