R v EPR

The Crown appeals against the sentence of the District Court in which the respondent was convicted on seven counts of sexual offences against his 11-12 year old daughter. The respondent pleaded guilty to four counts of indecently dealing with a lineal relative and three counts of sexual penetration of a lineal relative. The District Court imposed sentences of imprisonment on each count, but suspended all sentences of imprisonment for two years. The Crown appeals against the decision to suspend the sentences of imprisonment. The court must consider whether the sentence imposed by the District Court is manifestly inadequate. The court noted that the offences were of a serious nature and that the community's concern about the adequacy of punishment for such crimes is a relevant consideration in the sentencing process. The court held that the sentence of the District Court was manifestly inadequate and substituted an aggregate sentence of four years' imprisonment. The court emphasised the importance of reflecting and corresponding with the community's generally accepted standards of what is fair and just in the imposition of punishment.

The court substituted an aggregate sentence of four years' imprisonment in place of the sentence of the District Court. The sentences were to run concurrently. The court ordered that the sentences were to commence immediately.