HMN v WA

[2015] WASCA 128

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess in type
5. › Whether immediate imprisonment manifestly excessive for offender with intellectual disability
6. › Whether non-custodial sentence appropriate for sexual morality offences
7. › Criminal Code (WA), s 204B
1. Criminal Law
2. › Sentencing
3. › Intellectual disability of offender
4. › Weight to be given to general deterrence
5. › Moral culpability reduced by intellectual impairment
6. › Whether offender adult only in chronological age
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Electronic communications
5. › Whether generally appropriate type of sentence displaced by personal circumstances
6. › Criminal Code (WA), s 204B

Quick Take

Where an offender's intellectual disability means they are an adult only in chronological age, with psychological development commensurate with the child complainants, moral culpability is reduced such that general deterrence and retribution should be given very little weight, and the dominant sentencing objective becomes protection of the public through supervision rather than imprisonment. A non-custodial sentence may be appropriate even for sexual offences against children where the offender's disability is of this nature and extent.