BB v R

In the case of BB v R, the applicant appealed against his sentence following a conviction for multiple counts of indecent assault against a child under ten years of age. The applicant, who was the father of the victim, had pleaded guilty to seven counts of indecently assaulting the child. The court had to consider the additional offences taken into account, the representative counts, and the nature of the indecent assault offences. The court needed to determine whether the sentence imposed was manifestly excessive given the inherent sexual character of the offence, the extended period over which the assaults were committed, and the relationship of trust between the applicant and the victim. The gravity of the harm to the child was also a significant factor in the consideration of the sentence.

The court addressed the question of whether the sentence was within the judge's discretion, noting that no useful range had been established by reference to previous cases. The court examined the principle that the gravity of the harm to the child should be the primary consideration in sentencing for indecent assault. It also considered the extended period over which the assaults were committed and the relationship of trust between the applicant and the victim. The court found that the sentence imposed by the judge was within the appropriate range and did not amount to a manifest excess. The appeal was dismissed as the sentence was deemed to be an appropriate reflection of the seriousness of the offences.