R v AF

The case before the court was an appeal against sentence by the respondent, AF, who was convicted of sexual intercourse with a child under 10 years of age. The matter was heard in the Supreme Court of New South Wales. The appeal focused on the sentence imposed by the primary judge, who had found the offence to be aggravated due to the complainant being under the authority of the offender and the offender being a child at the time of the offending. The primary judge had also taken into account the voluntary cessation of the offending.

The legal issues before the court were whether the sentence was manifestly excessive or inadequate. The court was required to consider the aggravating factors of the case, including the age of the complainant and the authority relationship, as well as the mitigating factor of the offender's voluntary cessation of the offending. The court was also required to consider the principles of sentencing for offences of this nature and the need to balance the competing considerations of punishment, deterrence, and rehabilitation.

The court held that the sentence was manifestly excessive. The primary judge had given insufficient weight to the mitigating factor of the voluntary cessation of the offending, and had not adequately considered the offender's age and vulnerability as a child at the time of the offending. The court held that the sentence should have been reduced to reflect these considerations. The court remitted the matter to the primary judge to re-sentence the offender, with directions to give appropriate weight to the mitigating factor of voluntary cessation and to consider the offender's age and vulnerability.

The court ordered that the offender be re-sentenced to an aggregate term of imprisonment consisting of a non-parole period of 2½ years and a head sentence of 5 years. The offender was to be given credit for time already served in custody.