The case confirms that the mandatory minimum penalty under s 326(2) of the Criminal Code (WA) for aggravated sexual penetration without consent committed in the course of an aggravated home burglary is reserved for the least serious category of case, and that an offence involving a vulnerable sleeping victim, resulting ejaculation, subsequent violence, and an offender with a substantial criminal history and high risk of reoffending does not fall within that least serious category. A sentence of 16 years where the mandatory minimum is 15 years and the maximum is 20 years was upheld.
The full text is available to signed-in members.