R v LFJ

In the matter of R v LFJ, the appellant was convicted of multiple counts of incest and an indecent act with a child under the age of 16, leading to an appeal against his sentence. The Victorian Court of Appeal was tasked with reviewing the sentence imposed, which was a total effective term of seven years’ imprisonment with a non-parole period of five years. The appeal focused on whether the sentencing judge had appropriately considered the victim's attitude towards the crimes and whether the principle of general deterrence outweighed the victim's forgiveness. Additionally, the appeal questioned whether the sentencing judge made an error in not determining the frequency and detail of the conduct.

The court addressed the contention that the sentencing judge failed to adequately weigh the victim's attitude of forgiveness. It was argued that this attitude should have influenced the severity of the sentence. However, the court found that the sentencing judge did not err in this regard, as the principle of general deterrence was deemed to be of paramount importance, overriding the victim's forgiveness. Furthermore, the court held that the sentence was not manifestly excessive, considering the nature and impact of the crimes committed.

In considering the appellant's argument that the sentencing judge should have made a specific finding regarding the frequency and detail of the conduct, the court held that the sentencing judge was entitled to rely on the factual basis set out in the Crown's opening on plea, as per the decision in DPP v CPD. The court found no error in the sentencing judge's approach.

The final orders of the court were that the appeal against sentence was dismissed, and the original sentence was upheld. The court concluded that the sentence imposed was appropriate given the circumstances of the case.