Featherstone v R

In the High Court of Australia, the appellant, Featherstone, appealed against the severity of his sentences for sexual offences committed prior to the introduction of the Sentencing Act. The case was heard by a full bench of the court, with each member of the bench providing a separate judgment. The central issue before the court was whether the sentencing practices in place at the time of the offences constituted special circumstances that warranted a reduction in the appellant's sentences.

The court held that the sentencing practices at the time of the offending did indeed constitute special circumstances, as they were significantly different from the principles and objectives outlined in the Sentencing Act. The court emphasised that the appellant's offences were not of a serious nature, and that the sentences imposed were excessive in light of the contemporary sentencing principles. The judges further noted that the appellant had already served a substantial period of imprisonment, and that the sentences had caused significant hardship to him and his family.

Consequently, the court allowed the appeal and quashed the sentences imposed by the lower court. The case was remitted to the lower court for resentencing in accordance with the principles and objectives of the Sentencing Act. The decision in Featherstone v R serves as an important reminder of the need for consistency in sentencing, even in cases where the offences were committed prior to significant legislative reforms.