Bge v WA

[2013] WASCA 136

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifestly excessive
4. › Sexual offence against child
5. › Indecent dealing with child under 13 years
6. › Honest but unreasonable mistake as to identity of victim
7. › Whether sentence manifestly excessive
8. › Criminal Code (WA), s 320(4)
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Mitigating factors
5. › Honest but unreasonable belief as to victim's identity or age
6. › Effect on culpability

Quick Take

A sentence of 20 months' imprisonment for a single count of indecent dealing with a child under 13 (s 320(4) Criminal Code (WA), maximum 10 years) was upheld where the offender had an honest but grossly unreasonable belief as to the victim's identity, a prior conviction for a sexual offence against a child, and was assessed as at high risk of sexual reoffending. The degree to which an honest but unreasonable belief mitigates sentence depends on all the circumstances, and a grossly unreasonable belief fuelled by voluntary intoxication carries limited mitigatory weight.