For offences of digital penetration of the vagina without consent under s 325(1) of the Criminal Code (WA), where the complainant is aged 16 or over and the offender is convicted after trial of a single count, a sentence of 15 months to 3 years 6 months' immediate imprisonment is not unusual. There is no hierarchy of seriousness among the several categories of sexual penetration within s 325(1); the seriousness of each offence depends on its particular facts and circumstances. Breach of trust sentencing principles applicable to medical practitioners apply equally to alternative health practitioners who sexually offend against patients during treatment.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.