R v Conway

In the case of R v Conway, the applicant appealed against the sentence imposed by the trial judge following his guilty pleas to two counts of rape. The trial judge sentenced the applicant to seven years imprisonment on each count, with the sentences to run concurrently, and ordered that the applicant would not be eligible for parole until 2016. The applicant argued that the sentence was manifestly excessive and that the trial judge erred in various respects in assessing the appropriate sentence. The appeal was heard by the Supreme Court of Victoria.

The legal issues before the court were whether the sentencing judge had erred in characterising the applicant's late pleas of guilty, in considering the offences to be aggravated by their occurrence in the complainant’s residence and by the applicant’s breach of trust, and in concluding that the appropriate sentence range was between seven and nine years. The applicant also contended that the sentence imposed was manifestly excessive.

The court found that the trial judge had erred in characterising the applicant's late pleas of guilty, as the applicant had shown a willingness to cooperate in the administration of justice. The court also held that the sentencing judge had erred in considering the offences to be aggravated by their occurrence in the complainant’s residence and by the applicant’s breach of trust. The court found that the trial judge had not adequately considered the applicant's good antecedents and the absence of any prior criminal history. The court concluded that the sentence imposed was manifestly excessive, taking into account all the circumstances of the case.

The court allowed the appeal, set aside the sentences imposed by the trial judge, and sentenced the applicant to six years imprisonment on each count, to run concurrently, with parole eligibility starting on 5 March 2014. The applicant was declared to have served a pre-sentence custody period of 87 days between 5 March 2012 and 1 June 2012, as imprisonment already served under the sentence.