WA v Mojana

[2023] WASCA 189

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Manifest inadequacy of individual sentences
5. › Sexual offences against children
6. › Indecent dealing with child under 13 years
7. › Whether individual sentences manifestly inadequate
8. › Criminal Code (WA), s 320(4)
1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Totality principle
5. › First limb
6. › Whether total effective sentence bore proper relationship to overall criminality
7. › Multiple victims
8. › Persistent offending
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Aggravating factors
5. › Breach of trust
6. › Vulnerability of victims
7. › Persistent course of conduct
8. › Criminal Code (WA), ss 320(4), 321(4)
1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Residual discretion
5. › Whether residual discretion should be exercised to dismiss appeal notwithstanding appellable error
6. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

Individual sentences of 6 months' imprisonment for persistent indecent dealing with a child under 13, involving breach of trust and touching over clothing, are manifestly inadequate; sentences of 12 months per count should be substituted.