R v Auer; ex parte

The respondent in this case pleaded guilty to 16 sexual offences, including maintaining a sexual relationship with a child, five counts of indecent treatment of a child under 16 years and under 12 years, five counts of rape, and five counts of indecent treatment of a child under 16 years and under 12 years. The victims of the offences were six female children. The respondent was sentenced to seven years imprisonment, made up of four years for the maintaining offence and a cumulative term of three years for one of the rapes, with the sentences for the other offences being concurrent. The respondent had a lengthy criminal history of sexual and other offending. The court was required to determine whether the sentences imposed were manifestly inadequate.

The legal issue before the court was whether the sentences imposed on the respondent were manifestly inadequate, taking into account the gravity of the offences, the degree of culpability, and the respondent's criminal history. The court found that the sentences were manifestly inadequate and that the appeal against sentence should be allowed. The court varied the sentence imposed on count 1 by increasing the term of imprisonment from four years to nine years, set aside the sentence imposed on count 9 and substituted a sentence of three years imprisonment to be served concurrently with the sentences on the other counts, omitted the order fixing 30 August 2012 as the parole eligibility date, and declared that the 348 days spent in presentence custody between 30 April 2010 and 12 April 2011 be taken to be time already served under the sentences.