A sentence of 10 years imprisonment for digital rape of a five-year-old child was manifestly excessive where the abduction involved taking the child only a few metres to a partly obscured location (as distinct from into a building), there were no threats of violence, and the offender had no criminal history. Eight years imprisonment without a serious violent offence declaration was the appropriate sentence. When using comparator cases, sentencing judges must carefully assess the degree of similarity, particularly regarding the nature and degree of abduction, presence of threats or weapons, and criminal history.
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