Speering v WA

[2008] WASCA 266

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Whether manifestly excessive
5. › Using electronic communication with intent to expose child under 13 to indecent material
6. › Using electronic communication with intent to procure child under 13 to engage in sexual activity
7. › Whether suspended sentence open
8. › Criminal Code (WA), s 204B(3)(b)(i), s 204B(3)(b)(ii)
1. Criminal Law
2. › Sentencing
3. › General deterrence
4. › Mental illness of offender
5. › Whether offender appropriate vehicle for general deterrence
6. › Depression and anxiety
7. › Causal connection between mental illness and offending
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Cumulative and concurrent sentences
5. › Whether aggregate sentence proportionate to overall criminality
6. › Whether crushing sentence

Quick Take

Adult offenders who use electronic communication with intent to procure children under 13 to engage in sexual activity or to expose them to indecent material can ordinarily expect immediate imprisonment under s 204B(3) of the Criminal Code (WA). Depression and anxiety contributing to offending behaviour, without more, do not make such a case an inappropriate vehicle for general deterrence. An aggregate sentence of 2 years' imprisonment for three such offences (two concurrent, one cumulative) was within range.