Assaults suffered by a prisoner in custody do not of themselves establish that imprisonment bears more severely on that prisoner than the average prisoner; evidence is required that the prisoner will serve the sentence in materially more restrictive conditions or at greater risk than the mainstream prison population. Individual sentences of 5 years' imprisonment for aggravated sexual penetration without consent (penile-vaginal) remain within the customary range. A total effective sentence of 6 years' imprisonment for three offences of sexual penetration without consent committed over a sustained period against a vulnerable victim does not infringe the totality principle.
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