Onnis v The Queen

Onnis v The Queen was a case heard by the High Court of Australia, which involved a criminal appeal against the severity of a sentence handed down in the lower court. The appellant, Onnis, was found guilty of six counts of procuring sexual penetration by fraud, and one count of attempted procuring sexual penetration by fraud. The appellant was sentenced to a total effective sentence of eight years imprisonment with a non-parole period of five years. The issues before the court were whether the trial judge erred in finding the complainant to be only 16 years old, whether the judge erred in finding the offending was sexually motivated, and whether the total effective sentence was manifestly excessive.

The court found that the trial judge had erred in finding the complainant to be only 16 years old. The court found that the evidence did not support this finding and that the complainant was likely older than 16. The court also found that the trial judge had erred in finding the offending was sexually motivated, as there was no evidence to support this finding. The court found that the offending was motivated by a desire to obtain money, not sexual gratification. The court found that the total effective sentence of eight years with a non-parole period of five years was manifestly excessive, given the errors made by the trial judge.

The court reopened the sentencing discretion and resentenced the appellant to six years and two months’ imprisonment with a non-parole period of three years and six months. The court found that this sentence was appropriate given the nature and circumstances of the offending, and the appellant’s personal circumstances. The court found that the sentence was not manifestly excessive, and that the appellant had received a fair trial.