Van Doorn v WA

[2008] WASCA 177

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Whether particular sentences manifestly excessive
5. › Sexual offences against child aged 13-16
6. › Comparison with comparable cases
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Totality principle
5. › Whether total term of imprisonment bore proper relationship to overall criminality
6. › Multiple sexual offences arising from single relationship
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Failure of counsel to act on instructions
5. › Sentencing on incorrect factual basis
6. › Sentencing Legislation Amendment and Repeal Act 2003 (WA)

Quick Take

For sexual offences by emotionally immature young adults against children aged 13-16 in the context of a consensual relationship, sentences in the range of 14 months to 2 years and 4 months for individual penetration offences, with a total effective sentence of approximately 2 years and 6 months, are appropriate where the offender has good antecedents, pleaded guilty early, showed remorse, and presents a low risk of reoffending. Deering v The State of Western Australia [2007] WASCA 212 remains the key comparable authority.