RNN v WA

[2010] WASCA 26

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Sexual offences against children
5. › Multiple offences over extended period
6. › Whether individual sentences manifestly excessive
7. › Whether net effective head sentence infringed totality principle
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Advanced age of offender
5. › Whether sentence crushing
6. › Whether each year represents substantial proportion of remaining life
1. Criminal Law
2. › Sentencing
3. › Historical sexual offences
4. › Sentencing for offences committed decades earlier
5. › Whether sentencing judge entitled to apply current knowledge of impact of sexual offending on children
6. › Sentencing Act 1995 (WA), s 10
1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Whether sentencing judge required to make parole eligibility order
5. › Sentencing Act 1995 (WA), s 89(4)

Quick Take

A sentencing court may take into account current knowledge and understanding of the adverse consequences of sexual offending against children when sentencing for historical offences, provided the sentences remain commensurate with the seriousness of the offences having regard to the maximum penalties applicable at the time. Advanced age is a relevant consideration in the totality principle but cannot justify a sentence that is not fairly proportionate to the offence.