The Victorian Court of Appeal held that sentences of 9 and 10 years for aggravated rape and 7 years for kidnapping were manifestly excessive for historical 1987 offending, where the applicable maximum penalty was 20 years (lower than the current 25 years), the offender had demonstrated complete rehabilitation over 36 years, and specific deterrence had no meaningful role. The Court reduced the total effective sentence from 13 years 6 months to 10 years 6 months (non-parole period from 8 years 2 months to 6 years 8 months), emphasising the need to guard against double-counting where kidnapping and rape charges arose from overlapping conduct, and finding the sentencing judge had understated the difference between 1987 and contemporary sentencing practices. The Court also took into account the stress and anxiety caused by the applicant's release on appeal bail and subsequent return to custody following the High Court's restoration of convictions.
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