SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal: Criminal)
R v PILLING
[2010] SASCFC 28
Judgment of The Court of Criminal Appeal
(The Honourable Justice Duggan, The Honourable Justice Gray and The Honourable Justice Kelly)
27 August 2010
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
Application by Director of Public Prosecutions for permission to appeal against sentence – respondent pleaded guilty to one count of persistent sexual exploitation of a child contrary to s 50(1) of the Criminal Law Consolidation Act 1935 (SA) – sentenced to imprisonment for three years and four months with a non-parole period of one year and eight months – whether sentence manifestly inadequate – whether sentence reflects error of principle.
HELD: permission to appeal granted – appeal allowed – sentence increased to six years with a non-parole period of three years.
Criminal Law Consolidation Act 1935 (SA) s 50(1); Criminal Law (Sentencing) Act 1988 (SA) s 10(4) and s 29D, referred to.
R v D (1997) 69 SASR 413, applied.
R v Wilson [2009] SASC 92; R v Clifford [2004] SASC 344; Everett v The Queen (1994) 181 CLR 295; R v Nemer (2003) 87 SASR 168; R v A, JW (2001) 80 SASR 246, discussed.
R v PILLING
[2010] SASCFC 28Court of Criminal Appeal: Duggan, Gray and Kelly JJ
DUGGAN J: I would give permission to appeal against sentence, allow the appeal and set aside the sentence imposed in the District Court.
I would impose a sentence of imprisonment for six years and fix a non‑parole period of three years.
I agree with the reasons of Kelly J.
GRAY J:
In my view permission to appeal against sentence should be granted and the appeal allowed. I would resentence the defendant to a term of imprisonment of six years and fix a non-parole period of three years. I agree with the reasons of Kelly J.
KELLY J:
Introduction
This is an application by the Director of Public Prosecutions for permission to appeal against a sentence imposed in the District Court on 11 June 2010.
The respondent was convicted on his plea of guilty to one count of persistent sexual exploitation of a child contrary to s 50(1) of the Criminal Law Consolidation Act 1935 (SA). The maximum penalty prescribed for this offence is life imprisonment.
The Judge sentenced the respondent to a term of imprisonment of three years and four months and fixed a non‑parole period of one year and eight months.
The Director applies for permission to appeal on the basis that the sentence is manifestly inadequate and that it fails to establish or maintain appropriate standards of punishment in relation to the offence of persistent sexual exploitation of a child. The respondent opposes the application and says that even though the sentence may have been merciful it was within the discretion available to be exercised by the sentencing Judge. It is not one…
Continue reading R v PILLING
Sign in free to access the full text
- AGLC
- R v PILLING [2010] SASCFC 28
- Case
- [2010] SASCFC 28
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed was manifestly inadequate and whether it reflected an error of principle. The court needed to determine if the sentence was sufficiently severe to reflect the seriousness of the offence and to maintain appropriate standards of punishment. This involved considering the nature and extent of the offending, the age and relationship of the victim to the respondent, and the impact of the offending on the victim.
The court granted permission for the appeal and allowed the appeal, increasing the sentence to six years with a non-parole period of three years. The court found that the original sentence did not adequately reflect the seriousness of the offence and the need to maintain appropriate standards of punishment. The court considered the gravity of the respondent's conduct, which involved persistent and severe sexual exploitation of a child over a period of time. The court emphasised the importance of sending a strong message that such offences will be met with significant punishment.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.