LNV v The State of Western Australia

LNV has appealed against a sentence of 2 years' imprisonment, imposed by Petrusa DCJ in the District Court on 9 October 2020, for three child sex offences. The appeal was heard by Quinlan CJ, Mazza JA and Mitchell JA. The appellant had already been serving two lengthy sentences of imprisonment totalling 14 years 6 months, with eligibility for parole, imposed for other offences. The District Court ordered that the sentence for the child sex offences be served cumulatively upon the sentences already being served. The appellant argued that the total effective sentence of 16 years 6 months' imprisonment infringed both limbs of the totality principle. The court found that there was no merit in the grounds of appeal and dismissed the appeal. The court found that the sentence reflected the very serious nature of the appellant's overall offending and did not constitute a crushing sentence. The appeal was dismissed and leave to appeal was refused. An extension of time to appeal was granted.