The R v D sentencing standard for sexual offences against children over 12 (starting point of approximately 10 years for multiple offences) applies even where the offender was a young adult (18 years old), and the youth of the offender and lower age differential with the victim do not necessarily warrant departure from the standard where the offending includes serious rapes and breach of trust. An error by the sentencing judge as to the applicable maximum penalty vitiates the sentence but does not necessarily result in a lesser sentence on resentencing.
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