A sentence of six years imprisonment for a single count of rape involving binding and gagging the complainant with duct tape, committed while on parole and with a prior sexual offence, was held not manifestly excessive by the majority. The concession by defence counsel at first instance that the sentencing range extended to six years was held to be correctly made, reinforcing the principle that such concessions constrain appellate challenges. The dissent provides a detailed comparative analysis of sentencing for rape in domestic relationships, identifying factors that may distinguish such offences from stranger rapes.
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