WA v Dorsett

[2025] WASCA 13

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Sexual offence against child
5. › Sexual penetration of child aged 13-16
6. › Whether sentence manifestly inadequate as to length
7. › Aggravating factors including provision of alcohol and unprotected intercourse resulting in pregnancy
8. › Criminal Code (WA), s 321(2)
1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Residual discretion
5. › Whether residual discretion should be exercised to decline to interfere
6. › Criminal Appeals Act 2004 (WA), s 31(4)
1. Criminal Law
2. › Sentencing
3. › Aggravating factors
4. › Unprotected sexual intercourse with child
5. › Exposure to risk of pregnancy and sexually transmitted infection
6. › Risk of pregnancy realised

Quick Take

A sentence of 3 years' imprisonment for sexual penetration of a 14-year-old child by a 24-year-old offender involving provision of alcohol, unprotected intercourse, and resulting pregnancy is manifestly inadequate; a sentence in the range of 4 years 6 months is appropriate.