Ali v The State of Western Australia

In the case of Ali v The State of Western Australia, the appellant, Ali, appealed against his conviction and sentence for various sexual offences against his de facto daughter. The offences related to periods between 1999 and 2003, when the victim was aged between 10 and 13 years old. The appellant pleaded guilty to ten counts in the indictment, including sexual penetration, indecent dealing, and having a sexual relationship with a child under 16. The appellant argued that his convictions for counts 1 to 8, which related to sexual penetration and indecent dealing, should be set aside as a miscarriage of justice due to the presence of the sexual relationship offence in the indictment, and that his sentence for the sexual relationship offence should be varied.

The Court of Appeal found that a miscarriage of justice had occurred, as the appellant should not have been charged with, nor convicted of, the sexual penetration and indecent dealing offences when the same indictment charged him with the sexual relationship offence. The Court held that the convictions for counts 1 to 8 should be set aside, and judgments of acquittal should be substituted for those offences.

Regarding the sentence for the sexual relationship offence, the Court found that it had the discretion to vary the sentence under s 30(6) of the Criminal Appeals Act 2004 (WA). The Court exercised its discretion to vary the sentence for the sexual relationship offence by increasing it from 5 years' imprisonment to 7 years 8 months' imprisonment. The Court considered the public interest in ensuring orderly and proper administration of the criminal law and that the sentence should not be more severe than the total effective sentence imposed at first instance.

In conclusion, the Court of Appeal allowed the appeal, set aside the convictions for counts 1 to 8, substituted judgments of acquittal for those offences, and varied the sentence for the sexual relationship offence to 7 years 8 months' imprisonment.