A sentencing judge's explanation of the legal definition of sexual intercourse (including that cunnilingus constitutes sexual intercourse) directed to an offender whose first language is not English does not constitute the taking into account of an irrelevant consideration, even where the explanation uses the phrase 'in this country'. The case also provides a useful survey of comparable sentences for s 61I offences involving strangers.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.