GF v The Queen

The appeal concerned the sentencing of the appellant, GF, by a judge of the Supreme Court of the Australian Capital Territory, for two counts of incest involving his daughter, who was 10 years and two months old at the time of the offences. The appellant sought to appeal his sentence on the ground that it was manifestly excessive in all the circumstances.

The legal issues before the Court of Appeal were whether the sentencing judge erred in his assessment of the seriousness of the offences, the weight to be given to mitigating factors such as the appellant's psychological condition and its interaction with alcohol, and whether the sentence imposed was manifestly excessive when compared to other relevant sentencing decisions, particularly in light of previous convictions and sentences for similar offences involving another daughter.

The Court of Appeal affirmed the sentencing judge's approach, emphasising the gravity of incest offences involving children and the profound betrayal of trust inherent in such acts. The court endorsed the principle that courts must treat such offending firmly to deter others and protect children. While acknowledging the appellant's guilty plea and psychological issues as mitigating factors, the court found that these were substantially diminished by the appellant's history of predatory behaviour towards patients and the commission of similar offences against another daughter. The court also found that the previous sentence imposed in Queensland for offences against the other daughter was extraordinarily lenient. The sentencing judge's approach of considering an effective head sentence and then adjusting for time served in Queensland was deemed appropriate.

The appeal was dismissed, with the Court of Appeal ordering that the appeal be dismissed.