R v Hough

The defendant, Hough, was convicted of multiple offences against three different children, committed over several years. The offences involved penile oral and anal penetration, and two of the victims were re-offended against when Hough was aged 18 and 19. The District Court sentenced Hough to several concurrent terms of imprisonment of two years, suspended for two years, together with an intensive supervision order for two years for the remaining offences. The Crown appealed the sentence, arguing that it was manifestly inadequate.

The court had to determine the principles that should guide sentencing in such cases, particularly when offences against children are involved. The court examined the need for deterrence, denunciation, and the protection of society, while also considering the offender's age, remorse, and potential for rehabilitation. The court emphasised that sentences for such serious offences should not be suspended, given the gravity of the crimes and the need to protect potential future victims.

The court found that the original sentence was manifestly inadequate, as it did not appropriately reflect the seriousness of the offences and the need for punishment and deterrence. The court considered that the crimes involved significant breaches of trust, caused substantial harm to the victims, and had a lasting impact on their lives. The court substituted the suspended sentences with immediate sentences of imprisonment, totalling eight years, with eligibility for parole. The court emphasised the importance of ensuring that sentences for such offences appropriately reflect their gravity and the need to protect society.