The features identified in Jurj v The Queen as relevant to assessing the objective gravity of rape offences are descriptive, not prescriptive; the gravity of each offence must be assessed in the totality of its circumstances. The context of domestic violence is very important to the assessment of seriousness and makes both specific and general deterrence very important sentencing considerations, including for offending by former domestic partners. Where one sentence in a group of related offences appears lenient, the appropriate characterisation may be that the lenient sentence is 'merciful' rather than that the other sentences are excessive.
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