R v AK

The appellant, AK, was convicted of sexual intercourse with a child under 10 years of age and indecent assault of a person under 16 years of age. These charges were heard in the County Court of Victoria. The court was required to make findings of fact for sentencing, taking into account the appellant's immaturity, hearing impairment, speech delay and lack of a prior criminal history. The court was also required to consider the objective seriousness of the crimes and whether there were any special circumstances present.

The court found that the appellant's immaturity, hearing impairment and speech delay were factors that mitigated against a lengthy sentence. However, the court also found that the crimes were of a high degree of objective seriousness, as they involved the sexual abuse of a very young child. The court also found that there were no special circumstances present that would warrant a reduced sentence. After considering all of these factors, the court imposed an aggregate sentence of imprisonment for 4 years and 6 months, with a non-parole period of 2 years and 4 months.

The court held that the appellant was guilty of the offences as charged and imposed a sentence of imprisonment that balanced the need for punishment and deterrence with the need to rehabilitate the appellant. The court also made orders for the appellant to be released to parole on the earliest date eligible, being 22 August 2025.