Bishop v The Queen

The appellant, Bishop, appealed against his sentence for multiple offences of sexual penetration of a child under 16 years. The offences were committed against the two daughters of the appellant’s de facto wife. The court was required to determine whether the offences were of the worst type and if the sentences of 12 to 14 years were appropriate for this type of offence. The court was also required to consider whether it was appropriate to take into account uncharged acts in sentencing, as well as the mitigation and totality principle.

The court found that the offences were of the worst type due to the gravity of the sexual offences and the vulnerability of the victims. However, the court found that the sentences of 12 to 14 years were excessive and not appropriate for this type of offence. The court took into account the uncharged acts in sentencing, but found that they were not significant enough to warrant an increase in sentence. The court also considered the mitigation and totality principle, and found that the appellant’s remorse and good character were mitigating factors.

The appeal was allowed and the sentences were reduced from 10 years to 8 years imprisonment. The effective term to be served was 16 years. The court found that the reduced sentences were appropriate for the offences committed and took into account the totality principle. The court also considered the appellant’s remorse and good character as mitigating factors. The appellant’s appeal was successful in reducing his sentences.