The Court found that a 35-year delay between offending and sentence, combined with the offender's youth at the time, deprived background, childhood sexual abuse, PTSD diagnosis, and rehabilitation, constituted exceptional circumstances under s 23B(3) of the Crimes (Sentencing Procedure) Act 1999, warranting sentencing in accordance with 1991 sentencing patterns rather than contemporary patterns. The Court applied the Bugmy principles as recently restated in YZ v R [2025] NSWCCA 165, finding the offender's deprived background and childhood sexual abuse significantly reduced moral culpability and diminished the weight of general and specific deterrence, while emphasising that denunciation and recognition of harm to the victim remained primary sentencing considerations. An aggregate sentence of 8 years 2 months with a non-parole period of 5 years was imposed for two counts of aggravated sexual intercourse without consent (in company), with a 5% utilitarian discount for late guilty pleas and a finding of special circumstances reducing the non-parole period to approximately 62% of the total sentence.
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