Newton v WA

[2023] WASCA 7

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Totality principle
5. › First limb
6. › Whether total effective sentence bore proper relationship to overall criminality
7. › Whether manifestly excessive
8. › Criminal Code (WA), ss 220, 320(2), 320(4), 320(6)
9. › Criminal Investigation Act 2004 (WA), s 61(2)
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Comparable sentences
5. › Limited utility of comparisons given infinitely variable circumstances
6. › No established tariff for sexual offences involving children
1. Criminal Law
2. › Sentencing
3. › Child exploitation material
4. › Possession of large quantity
5. › Cumulative sentence for failure to obey data access order

Quick Take

Recording sexual offending against children for the offender's gratification is treated as a significant aggravating factor that distinguishes the case from comparable authorities and supports sentences at the upper end of the range.