WA v Porter

[2008] WASCA 154

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Using electronic communication with intent to procure child to engage in sexual activity
5. › Using electronic communication with intent to expose child to indecent matter
6. › Whether suspended sentence manifestly inadequate
7. › Whether immediate imprisonment required
8. › Criminal Code (WA), s 204B(2)(b)(i), s 204B(2)(b)(ii)
1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Principles governing prosecution appeals
5. › Double jeopardy principle
6. › Restraint in resentencing
7. › Criminal Appeals Act 2004 (WA), s 41(4)(b)
1. Criminal Law
2. › Sentencing
3. › Relevance of absence of actual victim
4. › Offence based on belief that person under 16
5. › Whether absence of actual child victim relevant to sentence
6. › Criminal Code (WA), s 204B(2)(b), s 204B(8)
1. Criminal Law
2. › Sentencing
3. › Transitional provisions
4. › Application to offences created after commencement of sentencing amendments
5. › Sentencing Legislation Amendment and Repeal Act 2003 (WA), sch 1

Quick Take

Adult offenders who use the internet to procure persons believed to be children to engage in sexual activity or to expose them to indecent matter under s 204B(2)(b) of the Criminal Code (WA) can ordinarily expect immediate imprisonment, even where the maximum penalty is 5 years and the offender has no prior convictions and a low risk of reoffending. The absence of an actual child victim is not a mitigating factor. Psychological reports that do not engage with the full factual material (including chat transcripts) may be given limited weight.