Immediate imprisonment is the only appropriate penalty for aggravated sexual penetration without consent of a sleeping victim, and the filming or photographing of the offending as a circumstance of aggravation significantly elevates the criminality. Progress towards rehabilitation does not displace general deterrence and punishment as the primary sentencing considerations at the residual discretion stage for sexual offences. The court was unable to identify any case where a suspended or conditionally suspended sentence had been imposed or upheld for an offence under s 325 or s 326 of the Criminal Code (WA), other than one distinguishable case.
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