R v Clifford

The matter before the Court of Appeal was an application by the Director of Public Prosecutions for leave to appeal against the sentence imposed on the respondent, who was found guilty by a jury of one count of gross indecency and one count of unlawful sexual intercourse. The District Court had sentenced the respondent to imprisonment for three years with a non-parole period of fifteen months. The appeal against the sentence concerned whether it reflected an adequate standard of punishment, whether it imposed an error of principle, whether the sentences for the two offences should have been concurrent, and whether the sentence was manifestly inadequate.

The Court of Appeal considered the severity of the crimes, the respondent's lack of criminal history, and the fact that this was a Director’s appeal. The Chief Justice concluded that the original sentence was inadequate and allowed the appeal. The Court set aside the sentence imposed by the District Court and imposed a sentence of two years’ imprisonment for the first offence, and four years’ imprisonment for the second offence, to run cumulatively. The Chief Justice fixed a non-parole period of three years for the combined head sentence of six years, considering the respondent's age, lack of prior criminal history, and the nature of the Director's appeal.

Both Justices Besanko and White concurred with the Chief Justice's orders and reasons. The Court granted leave to appeal, allowed the appeal, and directed that the head sentence and non-parole period run from the date when the respondent was taken into custody.