A conviction for sexual penetration of a child under 13 may be sustained on the uncorroborated evidence of the complainant alone, notwithstanding minor inconsistencies in the complainant's evidence and the accused's denial, where the complainant's evidence is clear and unequivocal and the inconsistencies do not go to the accuracy and reliability of the testimony on the elements of the offence. A sentence of 5 years' imprisonment (one-quarter of the 20-year maximum) for a single count of sexual penetration of a child under 13 involving force, vaginal penetration, and abuse of a position of trust is not manifestly excessive. Absence of consent, while not an element of the offence under s 320(2) of the Criminal Code (WA), is a very significant aggravating sentencing factor.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.