The Court sentenced the offender to 3 years 8 months imprisonment with a non-parole period of 2 years 3 months for sexual intercourse without consent (s 61I Crimes Act 1900), assessing the offence as approaching but slightly below mid-range objective seriousness. The offence involved penile/vaginal intercourse upon an unconscious victim over more than 20 minutes, with two Form 1 sexual touching offences taken into account. A 10% utilitarian discount was applied for a guilty plea entered other than at the earliest opportunity, and special circumstances were found based on the offender's first period of full-time custody and need for supervised parole given his drug history.
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