R v GLH

The appellant, GLH, was convicted on six counts of committing an indecent act with a child under 16 years and one count of incest. GLH appealed against the total effective sentence of seven years’ imprisonment with a non-parole period of four years, arguing that he was punished for conduct other than that for which he was entitled to be sentenced on two representative counts and that the sentence was disproportionate. The appeal was heard in the Court of Appeal of the Supreme Court of Victoria.

The court had to determine whether the sentencing judge imposed a sentence that was disproportionate to the offending and whether the appellant was punished for conduct other than that for which he was entitled to be sentenced on two representative counts. The court had to consider the relevant principles of sentencing and whether the sentence was in accordance with the purposes of the Sentencing Act 1991 (Vic).

The court held that the appellant was punished for conduct other than that for which he was entitled to be sentenced on two representative counts. The court found that the sentencing judge intended to impose a disproportionate sentence. The court noted that the offending was of a serious nature and involved the abuse of a position of trust. However, the court considered that the sentence was excessive and disproportionate to the offending. The court allowed the appeal and re-sentenced the appellant to a total effective sentence of four years’ imprisonment with a non-parole period of two years.

The court ordered that the appellant be re-sentenced to a total effective sentence of four years’ imprisonment with a non-parole period of two years. The court noted that the re-sentence took into account the seriousness of the offending and the need to protect the community. The court also noted that the re-sentence was proportionate to the offending and in accordance with the purposes of the Sentencing Act 1991 (Vic).