Nsa v The State of Western Australia

This appeal concerns the sentencing of the appellant in the District Court of Western Australia. The appellant was convicted on his pleas of guilty of four offences. The sentences imposed by the sentencing judge were 5 years' imprisonment for the offence of persistently engaging in sexual conduct with a child under 16 years, 1 year's imprisonment for the offence of sexual penetration of a child under 13 years, 4 months' imprisonment for the offence of possession of child exploitation material and 8 months' imprisonment for the offence of attempting to pervert the course of justice. The sentences imposed on the latter three counts were ordered to be served cumulatively with the sentence on the first count. The appellant appeals against sentence, relying on a single ground of appeal that the sentencing judge erred in ordering that the sentence on count 2 be served cumulatively with the sentence on count 1. The parties were in agreement that the sentencing judge had erred as alleged in the ground of appeal and that the error was material. The court allowed the appeal and set aside the sentences imposed by the sentencing judge on counts 2 and 4. The appellant is resentenced to a new total effective sentence of 6 years 3 months' imprisonment. The sentence on count 2 is to be served concurrently with the sentence on count 1. The sentence on count 4 is to be served cumulatively upon the sentence on count 1 and the sentence on count 3. The sentence is taken to commence on 23 September 2020 and the appellant remains eligible for parole.