R v CBG

The case of R v CBG involved an appeal against the sentence imposed on the applicant who had pleaded guilty to two counts of indecent treatment of a child under 16, who was under 12 years old. The applicant was sentenced to six years imprisonment, with parole eligibility after serving two years. The applicant contested the severity of the sentence, arguing it was disproportionate given the nature of the offending and the influence of his prior criminal history.

The legal issues before the court centred on whether the sentence was manifestly excessive or inadequate. The applicant argued that the offending was at the lower end of the scale of seriousness and that the sentencing judge's consideration of the applicant’s prior criminal history had led to an inappropriate sentence. The court needed to determine if the sentence imposed was disproportionate to the gravity of the offences.

The court granted leave to appeal against the sentence, finding that the sentence was indeed manifestly excessive. It allowed the appeal, set aside the original sentences, and re-sentenced the applicant to three years imprisonment to be served concurrently on each count. The court also ordered that the 210 days spent in pre-sentence custody count towards the new sentence, and set the applicant's parole eligibility date to 15 March 2013.