Trial judges should exercise caution in giving anti-speculation directions during forensic disadvantage directions, as there is a danger of impermissibly undermining the forensic disadvantage direction. The Court identified a comprehensive list of features relevant to assessing the objective gravity of rape, including whether the offence was premeditated, whether the offender acted alone or in company, the duration and repetition of the attack, violence or threats, use of weapons, injury, humiliation or degradation, use of condoms, victim vulnerability, and whether the offender ignored warnings or protests. For prolonged and repeated sexual offending by co-offenders against a child victim involving degradation and humiliation, total effective sentences of 5 years 5 months and 6 years 9 months were manifestly inadequate and were increased to 9 years 6 months and 12 years 2 months respectively.
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