McGarry v The Queen

The appellant was convicted of three charges of indecently dealing with a child under 13 years, not involving touching, and of three charges of personating a police officer in the course of the offending. He was also convicted of three previous sexual offences. The appellant was sentenced to a finite term of imprisonment of 5 years on the charges of personating a police officer, to be served concurrently with a previous sentence of 3 years for the sexual offences. The appellant sought leave to appeal against his sentence, contending that the sentence was excessive, that he should have been eligible for parole, and that an indefinite sentence should have been imposed.

The court considered whether the sentence of 5 years to be served concurrently with a previous sentence of 3 years was excessive, and whether the appellant should have been eligible for parole. The court noted that the appellant had a record of sexual offending over 13 years and that the offending was predatory in nature. However, the court also noted that the appellant had shown some remorse and had taken steps to address his offending. The court held that the sentence was not excessive and that the appellant should not have been eligible for parole. The court also held that an indefinite sentence was not justified.

The sentence of 5 years was reduced to 3 years. The court held that the sentence should be served concurrently with the previous sentence of 3 years. The appellant's application for leave to appeal was dismissed.