Floresta v WA

[2015] WASCA 93

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Sexual offences
4. › Sexual penetration of a child
5. › Sentence manifestly excessive
6. › Absence of consent as aggravating factor
7. › Whether sentence of 2 years 6 months' imprisonment unreasonable or plainly unjust
8. › Criminal Code (WA), s 321(2)
1. Appeal
2. › Criminal appeal
3. › Appeal against sentence
4. › Extension of time
5. › Leave to appeal
6. › Manifestly excessive sentence
7. › Standard of appellate review
8. › Whether sentence outside range of sound sentencing discretion

Quick Take

A sentence of 2 years 6 months' immediate imprisonment for sexual penetration of a 14-year-old child by a young adult offender (aged 18) is within the range of a proper sentencing discretion where the offence is aggravated by absence of consent, notwithstanding the offender's youth, plea of guilty, dysfunctional background, and low risk of reoffending.