BB v R

The applicant, BB, appealed against his sentence imposed by the County Court following a guilty plea to breaking and entering and committing a serious indictable offence in circumstances of aggravation. The offending involved the applicant indecently assaulting a fifteen-year-old girl who was asleep in her own home. This was not the first instance of similar offending for the applicant, who had a prior criminal history. The County Court sentenced BB to a non-parole period of four years imprisonment and an additional term of three years imprisonment. BB argued that the sentence was manifestly excessive and failed to properly account for the totality of the circumstances.

The appeal court was required to consider whether the degree of accumulation of sentences was inadequate and whether the sentence imposed was manifestly excessive. The court was also tasked with determining whether the use of sentencing statistics to compare the sentence with those imposed in other cases of similar offending was appropriate and whether the sentence was excessive in all the circumstances.

The court held that the sentence was not manifestly excessive. It noted that the County Court had considered the totality of the circumstances, including the gravity of the offending, the circumstances in which it was committed, and the applicant's prior criminal history. The court found that the sentence reflected the seriousness of the offence and the need for general deterrence. The court also held that the use of sentencing statistics was not an inappropriate method for comparing the sentence with those imposed in other cases of similar offending. The court was satisfied that the sentence was appropriate in all the circumstances.

No further orders were made by the court.