Simon v WA

[2009] WASCA 10

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Sexual offences
4. › Sexual penetration of child aged between 13 and 16
5. › Suspended sentence of imprisonment
6. › Whether manifestly excessive
7. › Whether imprisonment only appropriate disposition
8. › Relevance of consent, age disparity, and personal circumstances
9. › Criminal Code (WA), s 321(2)
10. › Sentencing Act 1995 (WA), ss 6(4), 39(3), 76(2)
1. Criminal Law
2. › Sentencing
3. › Sentencing principles
4. › General deterrence
5. › Prevalence of offending in particular locality
6. › Whether sentencing judge entitled to rely on own experience of prevalence

Quick Take

A sentence of suspended imprisonment for a single count of sexual penetration of a child aged 13-16 is within the range of a sound sentencing discretion even where the offender is young (18-19), the act was consensual, the age disparity was limited (4-5 years), the offender had no prior record, and the offender did not know the conduct was illegal. Non-custodial dispositions remain unusual for offences under s 321 of the Criminal Code (WA).