A head sentence of eight years for non-penetrative indecent assault offences against a child was manifestly excessive where the starting point for penetrative offending is about ten years (R v D). Where a sentencing judge proceeds on the erroneous basis that appropriate treatment programs are available in prison for a prisoner's mental health conditions, the sentencing discretion miscarries and the appellate court should resentence. The unavailability of psychological counselling services in prison for a prisoner suffering PTSD from military service is a very material matter in sentencing.
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