For aggravated sexual intercourse without consent (s 61J) involving forcible penile-vaginal penetration by a de facto stepfather against a 14-year-old victim in two discrete episodes, indicative sentences in the range of 4-6 years are manifestly inadequate; starting points of approximately 10-11 years before discount are appropriate. The prevalence of sexual offending by stepfathers against stepdaughters requires that general deterrence be influential in fixing sentence. Indicative sentences under s 53A, while not themselves amenable to appeal, may be a guide as to whether there is error in the aggregate sentence.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.