For offences of sexual penetration of a child under s 321(2) of the Criminal Code (WA), where the offending is spontaneous and momentary (particularly digital penetration), the offender is a young first offender with good antecedents and favourable rehabilitation prospects, and there are no aggravating features such as grooming, violence, abuse of trust or wide age disparity, a sentencing judge may not be able to be positively satisfied under s 39(3) of the Sentencing Act 1995 (WA) that suspended imprisonment is inappropriate, even where the penetration occurred without factual consent and the offender went to trial without demonstrating remorse.
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