DPP v Merryfull and Bloomfield

The Director of Public Prosecutions appealed the sentences of two offenders who were convicted of rape and sexual assault. Each offender was sentenced to 1 year and 7 months’ imprisonment, with differing lengths of community correction orders. The Director contended that the sentences were manifestly inadequate, and the judge had erred in considering the offenders' rehabilitation and in moderating the sentence on the basis of delay. The Court of Appeal examined whether the judge's consideration of the delay in proceedings, and the offenders' rehabilitation efforts, constituted an error.

The court considered whether the judge had erred by mitigating the sentence based on the rehabilitation limb of delay. The court noted that the delay in proceedings was significant, spanning seven years between the initial charge and the final sentence. Despite the lengthy delay, the offenders had already served 19 months in prison. The court also considered the offenders' lack of remorse and their rehabilitative steps, which included participation in programs aimed at addressing their offending behaviour. The court held that the judge had not erred in taking these factors into account in sentencing.

The court further examined whether the judge erred in moderating the sentence based on general deterrence. The court held that the judge had appropriately considered the need for general deterrence but had also appropriately balanced this with the offenders' rehabilitation efforts and the significant delay in proceedings. The court noted that the judge had not overlooked the seriousness of the offences and had appropriately considered the need to protect the community. The court found that the judge had not erred in moderating the sentence on the basis of general deterrence.

The Court of Appeal dismissed the Director's appeal, holding that the sentences were not manifestly inadequate. The court found that the judge had appropriately considered the relevant factors in sentencing and had not erred in mitigating the sentence on the basis of rehabilitation or in moderating the sentence on the basis of general deterrence.