Milliner v R

Milliner was found guilty of attempting to procure a fictitious child under the age of 14 for unlawful sexual activity, and the matter is currently before the court on an appeal against sentence. The court must decide whether there was an error in the level of accumulation of the sentence, and whether the total sentence was manifestly excessive. The case was heard in the District Court of New South Wales.

The legal issues before the court included whether there was a mistake in the degree of accumulation of the sentence and whether the total sentence was manifestly excessive. The court was required to consider the severity of the crime, the offender's culpability, and the need for deterrence and rehabilitation. The court also had to consider the principles of proportionality and consistency in sentencing.

The court found that there was no error in the degree of accumulation of the sentence, but that the total sentence was manifestly excessive. The court noted that the offender's actions were egregious and that the sentence should reflect the seriousness of the crime. However, the court also considered the offender's age, background, and the potential for rehabilitation. The court ultimately reduced the sentence by one-third, finding that it was still sufficient to achieve the aims of deterrence and rehabilitation, but was not manifestly excessive. The offender's appeal against sentence was therefore partially successful.