SDS v WA

(2014) 305 ALR 323; [2014] WASCA 109

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Aggravated sexual penetration without consent
5. › Penetration by foreign object
6. › Whether sentence of 6 years' imprisonment manifestly excessive
7. › Criminal Code (WA), s 326
1. Criminal Law
2. › Sentencing
3. › Sexual offences
4. › Aggravated sexual penetration without consent
5. › Sentencing range
6. › No tariff for sexual offences
7. › Relevance of comparable cases
8. › Criminal Code (WA), s 326
1. Practice and Procedure
2. › Criminal appeals
3. › Extension of time to appeal
4. › Whether extension should be granted where ground of appeal lacks merit

Quick Take

A sentence of 6 years' imprisonment (from a maximum of 20 years) for aggravated sexual penetration without consent involving pressing a lit cigarette against the victim's labia minora was upheld as not manifestly excessive, where the offending was characterised as calculated to inflict pain and humiliation, the offender had a significant history of escalating domestic violence, demonstrated no remorse, and entered a late guilty plea. There is no tariff or hierarchy of sexual penetration for offences under s 326 of the Criminal Code (WA), and the seriousness of each offence must be determined by reference to its particular facts and circumstances.