The Victorian Court of Appeal held that a total effective sentence of 21 years (NPP 15 years) for serious intra-familial sexual offending against a child was manifestly excessive, having regard to the high utilitarian value of the guilty pleas, Bugmy and Verdins considerations, and the relatively limited number of offending incidents. The Court resentenced the applicant to a TES of 18 years with a NPP of 14 years, redistributing cumulation orders to better reflect the serious sexual offender provisions under s 6E of the Sentencing Act 1991 while respecting totality. The Court also observed that while the sentencing judge's reasons were 'less than optimal' for failing to expressly address sentencing purposes under s 5 of the Sentencing Act (deterrence, just punishment, denunciation, rehabilitation), this inadequacy alone did not vitiate the sentencing exercise given the finding of manifest excess on other grounds.
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