R v Bondarenko

The appeal concerned the sentence imposed on the respondent, Mr Bondarenko, by the District Court for sexual offences committed against his neighbour, MW. The sole ground of appeal argued by Mr Bondarenko was that the head sentence and non-parole period were manifestly excessive.

The court was required to determine whether the sentence of 18 years imprisonment, with a non-parole period of 16 years, was manifestly excessive given the circumstances of the offending and the respondent's personal history. This involved considering the purpose of sentencing, the nature and gravity of the offences, the respondent's lack of prior sexual offending, his age, his employment history, his family relationships, and the significant period of time that had elapsed between the commission of the offences and his sentencing.

The Court of Appeal found that while the offences were serious and involved significant violence and degradation, the sentence imposed was excessive. The court noted that Mr Bondarenko was 50 years old, had no prior sexual offending, and had not offended again for many years. The offending occurred when he was 35 and his life was described as spiralling out of control due to personal difficulties. The court considered that a lengthy sentence would have a significant impact on the rest of his life.

Allowing the appeal, the Court of Appeal set aside the District Court sentence and resentenced Mr Bondarenko to 15 years imprisonment, with a non-parole period of 10 years, taking into account his guilty plea. The sentence was backdated to 7 July 2014.