GSO v The State of Western Australia

The Court of Appeal of Western Australia heard an appeal against sentence by the appellant, GSO, who was convicted in the District Court of four counts of indecently dealing with a child under the age of 13 years, contrary to s 320(4) of the Criminal Code (WA). The appellant was sentenced to a total effective sentence of 5 years' immediate imprisonment. The appellant advanced three grounds of appeal, alleging errors in the sentencing process. The court found that the first ground, alleging punishment for uncharged acts, was not made out, but the second and third grounds, concerning the manifest excessiveness of the sentence on count 1 and the infringement of the first limb of the totality principle, were upheld. The appeal was allowed, and the appellant was resentenced to a total effective sentence of 4 years' immediate imprisonment, with the sentences on counts 1 and 4 to be served cumulatively and the sentences on counts 2 and 3 to be served concurrently with the sentence on count 1. The appellant remains eligible for parole, and the sentences shall be taken to have taken effect on 21 January 2020.