DG v R

In the case of DG v R, the appellant, DG, was convicted of multiple serious sexual offences, including aggravated indecent assault, aggravated sexual assault, and two counts of aggravated sexual intercourse, all committed against a Form 1. The case was heard in the Court of Appeal, where DG appealed against his sentence. The primary focus of the appeal was the aggregate sentence of 15 years imprisonment, with an 11-year non-parole period, and whether the trial judge had properly considered the special circumstances of the case.

The legal issues at the heart of the appeal revolved around the trial judge's handling of special circumstances and the accuracy of the indicative sentences provided. DG contended that the trial judge failed to adequately reflect the finding of special circumstances in the final sentence, and that an error in the indicative sentences necessitated a change to the aggregate sentence. The prosecution argued that the trial judge had correctly applied the law and that there was no basis to alter the sentence.

The Court of Appeal found that, while the trial judge had correctly identified special circumstances, these were not adequately reflected in the final sentence. The court noted that the offences were severe, with the offending period spanning 4½ years, and that the trial judge's consideration of special circumstances was not sufficiently integrated into the overall sentence. Additionally, the court found no error in the indicative sentences. Consequently, the appeal was allowed, and the case was remitted to the trial court for resentencing to ensure the proper effect of the special circumstances finding.