A sentence of 5 years 3 months for a young offender (aged 17-18 at time of offending) convicted of three charges of sexual penetration of a child under 16 was manifestly excessive where the offender had no prior record, pleaded guilty at the earliest opportunity, was assessed as low risk of recidivism, was immature, and was vulnerable in adult prison requiring protective custody. The appropriate total effective sentence in such circumstances was 2 years 10 months and 21 days with a non-parole period of 1 year and 9 months. The principle of general deterrence has limited (if any) application to the sentencing of a 17-year-old offender.
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