Newton v The State of Western Australia

Adam Douglas Newton appeals against the total effective sentence of 12 years 6 months imprisonment imposed on him by Stewart DCJ in the District Court of Western Australia. The appellant had pleaded guilty to 43 offences, including multiple counts of indecently dealing with a child under the age of 13 years, sexual penetration of a child under the age of 13 years, indecently recording a child under the age of 13 years, possession of child exploitation material and failing to obey a data access order. The sole ground of appeal is that the total effective sentence was manifestly excessive and thereby infringed the first limb of the totality principle. The appeal court found that the total effective sentence imposed on the appellant was certainly high, and at the upper end of the range of sentences customarily imposed following pleas of guilty for offending of this type. However, the court was not satisfied that the total effective sentence was so high as to manifest error. The sexual offending by the appellant involved a high degree of criminality and the fact that he recorded the offending, for his own gratification, distinguished his offending from many of the previous cases relied upon by him. The offending, as a whole, called for a very substantial term of imprisonment and the court was not satisfied that the learned sentencing judge erred in imposing the sentence that she did. Accordingly, while the appeal court would grant leave to appeal on the sole ground of appeal, the appeal must be dismissed.