R v BCY

In the case of R v BCY, the applicant appealed against his sentence for multiple charges of taking indecent photographs of a child under 16 years, indecently dealing with the child, and making child exploitation material. The applicant entered the complainant's bedroom at night on various occasions, moved her clothing to view her genitalia, and took photographs. The applicant pleaded guilty to the charges and was sentenced to a term of one year's imprisonment for each count, to be served concurrently and suspended after four months, with an operational period of two years. The sentencing judge considered evidence of uncharged conduct described in a Schedule of Facts, which led to the applicant's argument that the judge erred in taking that evidence into account.

The legal issues that the court had to decide were whether the sentencing judge erred in considering evidence of uncharged conduct and whether the victim impact statement should be taken into account during sentencing. The court found that the sentencing judge did not err in considering evidence of uncharged conduct, as the nature of the applicant's interest in the complainant and the fact that the conduct was not an "isolated lapse" was apparent from the subject matter of the charges. The court also found that the victim impact statement should be taken into account on sentencing, as the charged conduct played a not insignificant role in the impacts described in the statement.

Based on the court's reasoning, the applicant's appeal against sentence was allowed, and the sentence imposed at first instance was varied by suspending the sentence forthwith. The sentence was otherwise confirmed. This decision highlights the importance of considering the age of the complainant, the persistence and frequency of the offending conduct, and the contribution of the offending conduct to the impacts described by the complainant during sentencing. It also demonstrates the court's willingness to take into account victim impact statements when they are relevant to the charged offences.