Nelson John Bull v The Queen

Nelson John Bull appealed to the Court of Appeal of the Australian Capital Territory against the severity of a sentence imposed by a judge of the Supreme Court of the Australian Capital Territory. The appellant had been convicted of an act of indecency upon a five-year-old child, contrary to section 61(1) of the Crimes Act 1900. He was sentenced to six years, 11 months, and 10 days imprisonment, with a non-parole period of four years, seven months, and 10 days.

The primary legal issue before the Court of Appeal was whether the sentence imposed was excessively severe. The court was required to consider the nature of the offence, the appellant's prior convictions for similar offences, his lack of remorse, and any mitigating factors. The court also considered the principles governing appeals against sentencing discretion, particularly the possibility of an increased sentence if the appeal focused solely on adequacy.

The Court of Appeal reasoned that the offence was very serious, involving sexual gratification and the ejaculation of semen onto the child. Despite the appellant's cooperation in the investigation and his instruction not to have the child cross-examined, the court found that the sentence was not mitigated by a guilty plea, remorse, or evidence of substantial good character. The judges concluded that the sentence was amply justified and that the only question was whether it was adequate.

Consequently, the Court of Appeal dismissed the appeal. The court also noted that practitioners should be aware of the possibility of an increased sentence when appealing solely on the grounds of severity, referencing a previous decision on sentencing discretion.