R v Kind

This case concerned an application for permission to appeal against sentence by the defendant, who had pleaded guilty to one count of persistent sexual exploitation of a child. The Director of Public Prosecutions opposed the application. The defendant had previously been refused permission to appeal by a single judge of the court.

The legal issues before the Full Court were whether the head sentence and the non-parole period imposed by the sentencing judge were manifestly excessive. The court was required to consider the nature and circumstances of the offence, particularly the significant breach of trust involved, and the impact of the offending on the victim.

The court found that the defendant's offending involved a gross breach of trust, stemming from his prior relationship as the victim's teacher and his role in facilitating a friendship between the victim and his daughter, for which the victim was providing piano lessons. The defendant, a man of approximately 45 years, engaged in frequent and varied sexual activity with the victim, who was 14 years old when the offending commenced and 15 when she first complained to the police. Despite breaks in the relationship, including the victim's police complaint and the commencement of a relationship with a boyfriend, the defendant resumed the sexual exploitation, demonstrating predatory behaviour. The court noted the victim's significant suffering and the lasting adverse impact on her development and social interactions.

The court concluded that while the seven-year non-parole period was substantial, it was not manifestly excessive given the gross breach of trust, the defendant's predatory conduct, and the serious consequences for the victim. Accordingly, the application for permission to appeal was dismissed.