Earlier comparable sentencing authorities for sexual offences that do not reflect the mandatory aggravating factor of domestic violence under s 9(10A) of the Penalties and Sentences Act 1992 (Qld) or the victim impact statement provisions under ss 9(2)(c)(i) and 179K are of limited assistance. Sentences at the higher end of or above the range suggested by those earlier authorities are consistent with the legislative amendments and remain within the legitimate exercise of the sentencing discretion. The traditional distinction treating offending against strangers as more serious than domestic offending must be tempered in light of the current legislative framework.
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