NE v The State of Western Australia

The appellant, who is tetraplegic, appeals against his total effective sentence of 8 years and 3 months' imprisonment for committing twelve serious sexual offences against his de facto daughter. The Court of Appeal grants leave to appeal but dismisses the appeal. The appellant contends that the total effective sentence infringes the first limb of the totality principle because it does not bear a proper relationship to the overall criminality involved in all the offences, viewed in their entirety and having regard to all of the circumstances of the case, including those personal to the appellant. The Court of Appeal holds that the sentence imposed by the sentencing judge bore a proper relationship to the overall criminality involved in all of the offences, viewed in their entirety and having regard to all the circumstances of the case including those personal to the appellant. The total effective sentence was not unreasonable or plainly unjust. The appeal is dismissed.