R v. T; Ex Parte A-G

The Court of Appeal in this case considered an appeal by the Attorney-General against the sentence imposed on a respondent, who was convicted of six counts of indecent treatment of a girl under sixteen years, with an aggravating circumstance that the complainant was under the age of 14 years at the time of the offences. The respondent was sentenced to a term of imprisonment for 18 months, wholly suspended for an operational period of three years. The Attorney-General argued that the sentencing process miscarried as the sentencing Judge treated the respondent's offer to plead guilty to four counts prior to trial as a mitigating factor, which overlooked that the respondent pleaded not guilty, gave evidence denying the offences, and the complainant was required to give evidence.

The legal issues before the court were whether the sentencing process miscarried due to the sentencing Judge's treatment of the respondent's offer to plead guilty as a mitigating factor and whether an actual custodial sentence was still called for, considering the mitigating factors and the nature of the offences. The court held that there was an identifiable error in the sentencing process in treating the preparedness to plead guilty to counts 1 to 4 on the indictment prior to trial as eliminating the fact that the respondent pleaded not guilty. However, it was open to the sentencing Judge to take account of the numerous mitigating factors favouring the respondent. The court further held that, despite the mitigating factors and the fact that this was an appeal by the Attorney-General, an actual custodial sentence was still called for due to the gravity of the conduct, the need for deterrence and denunciation.

The Court of Appeal allowed the appeal and substituted a sentence of 18 months imprisonment, suspended after six months for an operational period of three years. The Chief Justice and the other two judges agreed with the order proposed and the reasons given by Justice Mullins. The order was to lie in the registry for seven days pending execution.