Keeley v R

The applicant in this case pleaded guilty to three counts of aggravated sexual intercourse without consent and one count of aggravated robbery. The applicant accosted the victim, a stranger, in a public street, forced her down an alleyway at knifepoint, engaged in the sexual offences, robbed the victim of her wallet, and fled. The applicant, aged 29, has polysubstance dependence and a Cluster B Personality Disorder. The court was required to decide whether the findings of fact regarding the degree of premeditation and the applicant's level of intoxication lacked evidentiary basis, whether the partially accumulated sentences for the penile/vaginal penetration offences constituted double punishment, and whether the sentences imposed were manifestly excessive.

The court found that the findings of fact were supported by the evidence. The applicant's level of intoxication and premeditation were considered, but the court determined that the sentences were not unreasonably or plainly unjust. The court emphasised the importance of general deterrence for offences of sexual violence against a stranger in a public street. The objective gravity of the offences was considered, and the court held that the sentences imposed were appropriate given the nature of the crimes. The appeal was dismissed, and the sentences were upheld.

No further orders were made beyond the dismissal of the appeal and the affirmation of the original sentences.