A sentence of 4 years' imprisonment for a single count of sexual penetration without consent (penile penetration of a sleeping woman, following trial, with no remorse) is within the proper exercise of the sentencing discretion, even where the offending is characterised as towards the lower end of seriousness. The prospect of deportation does not negate the relevance of personal deterrence where the offender shows no remorse. A victim's prior consensual sexual activity on the same evening is irrelevant to the assessment of general deterrence for sexual penetration of a sleeping person.
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