A sentence of three years imprisonment for non-penetrative attempted rape in a domestic violence context, where the offender had no criminal history and had not reoffended in the decade since the offence, was manifestly excessive; two years imprisonment suspended after 12 months was the appropriate sentence. The distinction between penetrative and non-penetrative sexual offending should not be treated as a rigid sentencing demarcation; the particular circumstances of the offending determine the level of criminality.
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