A complaint about lack of balance in a judge's charge requires assessment of the whole charge in the context of the trial, and initial imbalance may be cured by the remainder of the charge. Where trial counsel does not renew a discharge application or take exceptions at the conclusion of the charge, it may ordinarily be inferred that counsel made a forensic judgment that the matter was not detrimental to the accused's interests. Sentences of 10 and 12 years for vaginal and anal rape respectively, with 7 years cumulation, producing a total effective sentence of 21 years with a 17-year non-parole period, were within range for a serious sexual offender with prior rape convictions who committed revenge rapes while on a suspended sentence and in breach of an intervention order.
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