R v GZ

In the matter of R v GZ, the applicant appealed against his sentence following a guilty plea to attempting to record an indecent visible image of a child under 16 years, with the aggravating circumstance that he was the child's guardian. The applicant was sentenced to nine months imprisonment, suspended after two months, with an operational period of 12 months. The applicant sought to argue that the requirement for actual custody as part of the sentence rendered it manifestly excessive.

The central issue for the court was whether the requirement for the applicant to serve actual custody as part of his sentence was so excessive as to justify an appeal against the sentence. The court was required to consider the nature and seriousness of the offence, the need for deterrence, and the principle of proportionality in sentencing.

The court dismissed the application for leave to appeal against the sentence. The court held that the sentence was proportionate to the seriousness of the offence, taking into account the aggravating circumstances and the need for deterrence. The court noted that the sentence was not manifestly excessive, and that the requirement for actual custody was appropriate in the circumstances. The court also noted that the applicant had no previous convictions and had shown remorse for his actions. The court held that the sentence was fair and just, and that there were no grounds for an appeal against sentence. The court issued a warrant for the arrest of the applicant to lie in the registry for seven days.