R v Bedeau

The applicant was convicted of two counts of using the internet to procure a child to engage in a sexual act and one count of using the internet with intent to expose a child to an indecent act. The applicant was sentenced on each count to an 18-month term of imprisonment. The applicant sought leave to appeal against the sentence on the basis that it was manifestly excessive.

The central legal issue was whether the primary judge erred in not taking into account that the applicant did not actually communicate with a child, and other relevant circumstances, when imposing the sentence. The applicant argued that the sentence was manifestly excessive because the primary judge did not consider that the communication did not actually occur and other relevant circumstances. The respondent submitted that the applicant's conduct was serious and warranted a significant penalty, and that the sentence was not manifestly excessive.

The court held that the primary judge did err in not taking into account that the applicant did not actually communicate with a child, and other relevant circumstances, when imposing the sentence. The court found that the sentence was manifestly excessive because the primary judge did not consider that the communication did not actually occur and other relevant circumstances. The court noted that the applicant's conduct was serious and warranted a significant penalty, but the sentence imposed was excessive given the circumstances. The court held that the sentence should be suspended after six months with an operational period of three years.

The court allowed the application for leave to appeal and allowed the appeal. The court ordered that each sentence imposed at first instance be suspended after six months with an operational period of three years.