R v SIEBEN

The appeal in *R v Sieben* concerned a sentence imposed on the appellant for unlawful sexual intercourse with a child. The appellant, aged 28 at the time of the offence and 29 at sentencing, had sexual intercourse with E, who was 13 years old. The offence occurred on 12 January 2009, after legislative changes in May 2006 that increased the maximum penalty for unlawful sexual intercourse with a child under 14 years to life imprisonment. The appeal was heard by Duggan, Anderson and David JJ.

The primary legal issue before the court was whether the sentence imposed was manifestly excessive. The appellant argued that the starting point of four years imprisonment, which the sentencing judge indicated would have been the sentence but for the early plea of guilty, was too high given the circumstances of the offence. These circumstances included it being an isolated incident of short duration, not part of an ongoing relationship, the appellant's remorse, early admissions, good prospects of rehabilitation, ongoing treatment for depression, and a stable de facto relationship with an expected child. The appellant also highlighted that this was his first serious breach of the criminal law, despite having prior convictions for less serious offences.

The court dismissed the ground of appeal, finding that the sentence was not manifestly excessive. While acknowledging the mitigating factors presented by the appellant, including his early plea and good prospects of rehabilitation, the court implicitly accepted the sentencing judge's assessment of the seriousness of the offence under the current legislative framework. The court's decision to dismiss the appeal indicates that the starting point of four years imprisonment was considered appropriate by the appellate judges in light of the offence and the relevant sentencing provisions.