When sentencing for historical sexual offences, the maximum penalty in force at the time of offending is the relevant yardstick, and the broad range of conduct caught by the former offence of indecent assault necessarily compresses the available sentencing range. A sentence of 80% of the maximum penalty on a plea of guilty with strong evidence of remorse and no need for specific deterrence will be exceptional and likely manifestly excessive. Current sentencing practices are not determinative and do not cap and collar the appropriate sentencing range; sentencing practices at the time of offending should also be taken into account.
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