The Court of Appeal held that the Jurj factors for assessing the objective seriousness of rape must be expanded to include deceit as a relevant factor, particularly in light of the criminalisation of 'stealthing' under s 36AA(1)(o) of the Crimes Act 1958. In a stealthing case, the necessary absence of violence, weapons, and overbearing of the victim's will — inherent in offending by deception — does not reduce objective seriousness, but equally the offending in this case (involving premeditation, known non-consent, and unprotected ejaculation) was assessed at the low end of the mid-range rather than 'comfortably above' mid-range as the sentencing judge found. The original sentence of 10 years and 6 months was manifestly excessive and was reduced to 6 years and 3 months' imprisonment with a non-parole period of 4 years and 2 months.
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