MPD v WA

[2008] WASCA 57

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Sexual offences
4. › Intra-familial sexual abuse of child under 16
5. › Multiple counts against both parents
6. › Offences including indecent dealing, cunnilingus, digital penetration and encouragement of child to engage in sexual behaviour
7. › Whether aggregate sentences manifestly excessive
8. › Totality principle
9. › Criminal Code (WA), ss 321, 329
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Rehabilitation prior to sentencing
5. › Pleas of guilty
6. › Remorse
7. › Whether sentencing judge gave insufficient weight to rehabilitation
8. › Whether refusal of bail pending sentence to complete rehabilitation programme was appealable
9. › Criminal Appeals Act 2004 (WA), s 23(1)(b)
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Sentencing range for frequent or prolonged sexual offending against children
5. › Distinction between digital penetration and penile penetration
6. › Firming up of sentences reflecting greater understanding of impact on victims

Quick Take

Aggregate sentences of 10 years 2 months and 9 years 7 months for multiple sexual offences against a child aged 12-13 by both parents, involving digital penetration, cunnilingus and encouragement of sexual behaviour but no penile penetration of the vagina, fall within the established sentencing range of 6 years 8 months to 12 years 8 months identified in VIM v The State of Western Australia for frequent or prolonged sexual offending against children. A refusal to grant bail pending sentence to allow completion of a rehabilitation programme is not appealable under s 23(1)(b) of the Criminal Appeals Act 2004 (WA).