AJB v R

The case of AJB v R involved the applicant, AJB, who appealed against the severity of his sentence for child sexual assault offences that were committed 26 years prior. AJB had sought treatment following a complaint in 1982 and subsequently did not reoffend. The appeal centred on whether the sentence imposed was excessive when considered against the sentencing practices in 1982, the year of the offence. Additionally, the availability of remissions and the relevance of 1982 practices in fixing the non-parole period were also in question.

The court was tasked with determining whether the sentence met the criteria for being considered excessive. This involved a retrospective analysis of the sentencing practices from 1982 and comparing them with contemporary standards. The court also had to consider the impact of remissions on the overall sentence and whether these should be factored into the assessment of its severity. Furthermore, the court needed to evaluate if the special circumstances surrounding the case warranted a re-evaluation of the non-parole period based on practices that were in place in 1982.

The court found that the sentence was indeed excessive given the sentencing practices of 1982. It held that the availability of remissions should be considered in assessing the severity of the sentence. The special circumstances, including AJB’s subsequent treatment and lack of reoffending, were deemed significant. The court ruled that the practices in 1982 were relevant in determining the non-parole period, leading to a reduction in the sentence. Consequently, the appeal was upheld, and the sentence was adjusted accordingly.

The court ordered that the applicant’s sentence be reviewed and reduced to reflect the sentencing practices of 1982, taking into account the availability of remissions and the special circumstances of the case. This decision underscores the importance of considering historical sentencing practices in determining the appropriateness of a sentence, especially in cases with a significant passage of time since the offence.