For an 18-year-old first offender who pleaded guilty to sexual intercourse without consent (s 61I Crimes Act 1900 (NSW)) involving penile and digital penetration with force, a starting point of 8 years imprisonment was manifestly excessive. A starting point of 6 years and 8 months (yielding 5 years after a 25% guilty plea discount) was appropriate, with a non-parole period of 2.5 years reflecting special circumstances. Sentencing judges must give effect to the principle that rehabilitation plays a far more significant role than deterrence and retribution when sentencing a young person just over 18 who has acted immaturely.
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