R v Mackay

The appeal concerned a sentence imposed on the appellant for the offence of maintaining an unlawful relationship with a child. The appeal was heard by Peek, Nicholson, and Bampton JJ of the court.

The primary legal issue before the court was whether the sentence imposed by the District Court was manifestly excessive or inadequate, and if there were grounds to interfere with that sentence. A further issue was the appropriate sentence to be imposed, including whether a term of imprisonment should be suspended.

The court allowed the appeal, setting aside the original sentence. Nicholson J, with whom Bampton J agreed, concluded that there were good reasons to suspend the term of imprisonment. This decision was influenced by the fact that the appellant had already served approximately five months in custody, a factor not considered by the sentencing judge. The court resentenced the appellant to three years imprisonment with a non-parole period of 16 months, but ordered that this term be suspended on the condition that the appellant enter into a three-year good behaviour bond. The bond included standard conditions, supervision by a community corrections officer for the first two years, and participation in sexual behaviour counselling and therapeutic programs as required by that officer. Copies of relevant psychological reports were to be provided to the supervising officers.