A sentence of 4 years' immediate imprisonment for a single count of sexual penetration without consent (s 325(1) Criminal Code (WA)) is at the bottom of the customary range and is not manifestly excessive even where the offender had an honest but unreasonable belief in consent, particularly where the belief was grossly unreasonable and the offender had not addressed underlying alcohol abuse contributing to the risk of reoffending. The mitigating weight of an honest but unreasonable belief in consent depends on all relevant facts and circumstances, including the degree of objective unreasonableness of the belief and the risk of reoffending.
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