Where rape offending is at the lower end of seriousness (brief, opportunistic, no violence or aggression), the totality principle requires careful consideration of cumulation where offences form part of a single brief episode. Immigration detention flowing from the offending should be treated as equivalent to pre-sentence detention and factored into the effective sentence. For young foreign offenders, isolation from family, protective custody, and impending deportation are relevant factors bearing on the onerousness of imprisonment and must be weighed in determining the appropriate sentence.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
1 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.