RJB v WA

[2009] WASCA 49

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against severity
4. › Sexual offences against children
5. › Multiple counts of sexual penetration and indecent dealing
6. › De facto child under 16
7. › Whether sentence of 8 years manifestly excessive
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Voluntary disclosure of offences
5. › Whether disclosure truly voluntary where police already had information from complainant and mother
6. › Whether additional leniency warranted beyond standard guilty plea discount
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences
5. › Whether aggregate sentence just and appropriate

Quick Take

The voluntary disclosure discount in sentencing is diminished where the offender knew that the complainant and other witnesses had already spoken to police about the offending, even if the offender provided more detail than the complainant was able to give. The sentence of 8 years for four counts of sexual penetration and four counts of indecent dealing against a de facto child aged 8-10 falls within the established range identified in VIM v The State of Western Australia.