PES v The State of Western Australia

The appellant, PES, appealed against his sentence for multiple offences committed against four children. The case was heard by the Supreme Court of Western Australia, which upheld the appeal and ordered a retrial on sentencing. The appellant was convicted of multiple offences, including sexual offences against children, and was sentenced to imprisonment. The appellant argued that the sentence imposed was manifestly excessive, and the State of Western Australia submitted that the sentence was appropriate.

The court was required to determine whether the sentence imposed was manifestly excessive and whether the findings of fact were adequate for sentencing purposes. The court considered the totality of the appellant's offending, which involved multiple victims and serious offences. The court also considered the principle of proportionality in sentencing and the need for a sentence to reflect the seriousness of the offending.

The court found that the sentence imposed was manifestly excessive and that the findings of fact were inadequate for sentencing purposes. The court considered that the sentence did not reflect the seriousness of the offending and that the findings of fact did not adequately take into account the impact of the offending on the victims. The court also found that the sentence did not provide sufficient deterrence or denunciation. The court ordered a retrial on sentencing, with directions to the sentencing judge to take into account the totality of the offending and the impact on the victims.

The court ordered a retrial on sentencing, with directions to the sentencing judge to take into account the totality of the offending and the impact on the victims. The court also ordered that the appellant be released on bail pending the retrial.