Vre v WA

[2021] WASCA 185

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess as to type
5. › Whether sentence of immediate imprisonment manifestly excessive
6. › Whether sentencing judge erred in declining to suspend imprisonment
7. › Criminal Code (WA), s 320(2)
8. › Sentencing Act 1995 (WA), ss 6(4), 39(2), 39(3), 76, 81
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Sexually penetrating child under 13
5. › Primary sentencing considerations
6. › General and personal deterrence
7. › Protection of vulnerable children
8. › Criminal Code (WA), s 320(2)
1. Criminal Law
2. › Sentencing
3. › Suspension of imprisonment
4. › Two-step approach
5. › Whether sentencing judge positively satisfied suspension not appropriate
6. › Sentencing Act 1995 (WA), ss 39(2), 39(3), 76, 81
1. Appeal
2. › Criminal appeal
3. › Leave to appeal against sentence
4. › Whether ground has reasonable prospect of succeeding
5. › Criminal Appeals Act 2004 (WA), ss 27(1), 27(2), 31(4)(a)

Quick Take

A sentence of 18 months' immediate imprisonment for a single count of sexually penetrating a child under 13 by cunnilingus, where the offender was 19 and the victim was 6-7 years old and the offender's stepsister, was not manifestly excessive as to type despite the offender's youth, prior good record, and language disability. The objective seriousness of sexual offences against young children, including the victim's vulnerability and the breach of trust, ordinarily outweighs personal mitigating circumstances when determining whether immediate imprisonment should be suspended.