A sentence of 2 years' imprisonment for a single count of sexual penetration without consent (s 325 Criminal Code (WA)) involving significant force, a vulnerable victim, a remote location, and abandonment of the victim was manifestly inadequate notwithstanding substantial mitigating factors including an early guilty plea (25% discount), youth, no prior record, and steps towards rehabilitation. The appropriate sentence on resentencing was 4 years' imprisonment with parole eligibility after 2 years. The Court indicated that absent mitigating factors, the offending would have warranted a sentence in excess of 5 to 6 years.
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