WA v DRN

[2025] WASCA 45

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Sexual offences against children
5. › Whether individual sentences for sexual penetration offences manifestly inadequate
6. › Whether total effective sentence infringes first limb of totality principle
7. › Criminal Code (WA), ss 320(2), 321(2)
8. › Criminal Appeals Act 2004 (WA), s 31(4)(a)
1. Criminal Law
2. › Sentencing
3. › Residual discretion on State appeal
4. › Whether residual discretion should be exercised against intervention
5. › Steps towards rehabilitation since sentencing
6. › Criminal Appeals Act 2004 (WA), s 31(4)(a)
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Element of abuse
5. › Whether concept of 'element of abuse' applies where there is no factual consent to sexual activity

Quick Take

The concept of an 'element of abuse' from Deering v The State of Western Australia has no application where there is no factual consent to sexual activity; sexually penetrating a sleeping child is entirely abusive regardless of the absence of force, deviance or perversion. Pre-transitional provision sentencing authorities have very little utility in establishing current sentencing practices for child sexual offences.