Even where an offender has a very significant intellectual disability (IQ of 55, lowest 0.1% of functioning) and the Bugmy principles are enlivened, a sentence towards the sterner end of the range for sexual intercourse without consent may not be manifestly excessive where the offender was on conditional liberty, showed no remorse, and could not be found unlikely to reoffend. The inability to find an intellectually disabled offender unlikely to reoffend is relevant to specific deterrence. The case also illustrates the importance of sentencing judges accurately engaging with expert psychological evidence.
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