The Chief Justice sentenced the offender to a total effective sentence of six years' imprisonment (three-year non-parole period) for two counts of sexual intercourse without consent against separate victims four years apart, finding knowledge of non-consent beyond reasonable doubt for both offences. The Court found that even if knowledge were not established, the degree of recklessness in each case rendered the offences no less serious, applying Kiss v R [2021] NSWCCA 158. The Court noted that the existing sentencing range of 2-3 years for comparable ACT offences appeared too low relative to the 12-year statutory maximum, and imposed sentences above that range with limited concurrency given the entirely separate nature of the offences.
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