Emery v WA

[2007] WASCA 135

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Sexual offences
5. › Penetration of child between ages of 13 and 16
6. › Offences committed with co-offender
7. › Whether sentence manifestly excessive
1. Criminal Law
2. › Sentencing
3. › Parity of sentencing
4. › Co-offenders
5. › Whether disparity gives rise to justifiable sense of grievance
6. › Considerations supporting different sentences for co-offenders
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Aggregate sentence
5. › Whether aggregate sentence bears proper relationship to overall criminality

Quick Take

A sentence of 6 years' imprisonment for a single instance of penile penetration of a 13-year-old child, committed in concert with a co-offender, is within the appropriate sentencing range in Western Australia. Significant differences in the roles, backgrounds and personal circumstances of co-offenders can justify substantial disparity in sentencing without giving rise to a justifiable sense of grievance. Sentences for sexual offences against children have firmed up in recent years as courts have gained a better understanding of the long-term effects on victims.