R v Colless

The applicant, Colless, appealed against his sentence for a series of sexual offences committed against 11 women aged between 18 and 52 years over a period of 27 months. The offences included five instances of digital rape. The Court of Criminal Appeal was tasked with determining whether the sentence of 25 years imprisonment for each instance of rape was manifestly excessive.

The primary legal issue before the court was whether the sentences imposed were manifestly excessive or inadequate. The court considered the nature and seriousness of the offences, the applicant's previous good work record and absence of a criminal history, and the substantial mitigating circumstances present in this case. The court also considered the principles of parity and proportionality in sentencing.

The Court of Criminal Appeal granted the application for leave to appeal and allowed the appeal. The court found that the sentences imposed were manifestly excessive, taking into account the mitigating factors and the overall circumstances of the case. The sentences of 25 years imprisonment were set aside and replaced with sentences of 16 years imprisonment for each instance of rape. The court otherwise confirmed the orders made on 28 August 2009.