Sentences of three years' imprisonment for digital rape of a sleeping victim may be manifestly excessive where the offender pleaded guilty early, made full admissions extending provable offending, expressed genuine remorse, had no criminal history, and was willing to engage in treatment. The observation in R v Colless that digital rape may generally be seen as somewhat less grave than penile rape is not an overriding sentencing principle but merely an observation as to relevant factors. There is no rigid compartmentalisation of rape offences into digital and penile categories.
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