R v Page

The appeal concerned a Crown challenge to a sentence imposed on the respondent, R v Page, for maintaining a sexual relationship with a young person. The sentencing judge had imposed a sentence of two years' imprisonment, wholly suspended. The Crown argued that this sentence was manifestly inadequate in both its length and the decision to suspend it entirely.

The central legal issue before the Court of Appeal was whether the sentencing judge had erred in law by impermissibly taking into account the "genuine affection" between the victim and the offender when determining the sentence. The Court was required to consider whether this factor, along with the objective seriousness of the offending and the harm caused to the victim, including the resulting pregnancy, rendered the original sentence manifestly inadequate. The Court also had to consider whether it should exercise its residual discretion to increase the sentence.

The majority of the Court found that the sentencing judge had indeed erred by giving undue weight to the perceived "genuine affection" in mitigation. They reasoned that while the subjective circumstances of the offender and victim could be relevant, the objective seriousness of the offence and the significant harm caused to the young victim, particularly the pregnancy, were not adequately reflected in the sentence. The Court concluded that the sentence was manifestly inadequate. However, by a majority, the Court ultimately dismissed the appeal, declining to exercise its residual discretion to impose a more severe sentence.