A discount of 15% under s 9AA of the Sentencing Act 1995 (WA) for a guilty plea offered on the eve of trial, with no explanation for its lateness and a strong prosecution case, is manifestly excessive. Commonplace mitigating factors personal to an offender — including adjustment disorder, loss of career prospects, social media opprobrium, family dishonour, steps towards rehabilitation, and good antecedents — do not, individually or collectively, constitute exceptional circumstances justifying the suspension of imprisonment for sexual penetration without consent. A finding of remorse at the 'highest end' cannot be sustained where the offender maintained a not guilty plea for over two years, made only equivocal admissions, gave a 'no comment' police interview, and minimised the offending to an expert.
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