A nine-year sentence for opportunistic rape of an intoxicated sleeping victim, absent threats, violence, or use of a weapon, is manifestly excessive; eight years is the appropriate range. A nine-year sentence is more appropriate where specially serious aggravating factors operate such as infliction of injury, serious threats, or possession of a weapon. Defence counsel's forensic decisions not to cross-examine or lead evidence attacking a complainant's character are rationally explicable where the defence case is that no sexual activity occurred, and will not ground a miscarriage of justice.
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