R v Major

This appeal was brought by the Director of Public Prosecutions against a sentence imposed on the respondent by a judge of the Court of Criminal Appeal of South Australia. The respondent pleaded guilty to six counts of rape, two counts of indecent assault, and two counts of burglary. The Director argued that the sentence imposed was manifestly inadequate, amounting to an affront to the public conscience. The Court of Criminal Appeal considered the principles applicable to the Crown's appeal against sentence and the appropriate approach to sentencing in this unusual case. The Court found that the sentencing judge erred in her application of the totality principle and in her consideration of the appropriate sentences that would have been imposed had each offence been dealt with separately. The Court allowed the appeal, set aside the sentence imposed, and substituted a head sentence of 20 years' imprisonment with a non-parole period of 10 years. The Court emphasised the need to ensure that the punishment fits the crime and reflects the community's sense of justice.