R v TK

The appellant, TK, was convicted and sentenced in the Supreme Court of Victoria for engaging in an unlawful relationship with a child. The appeal against sentence was heard by the Court of Appeal, which upheld the original sentence. The appellant was sentenced to a term of imprisonment of 18 years, with a non-parole period of 13 years and 6 months, and a balance of term of 4 years and 6 months. The court found that the appellant had engaged in a significant course of offending over a substantial period and had cited the victim's supposed initiation of, and willing involvement in, the sexual acts as a mitigating factor.

The legal issues before the court were whether the sentence was manifestly excessive or inadequate, and whether the court had adequately considered the appellant's subjective matters. The appellant argued that the sentence was manifestly excessive and that the court had not adequately considered his subjective matters, including his remorse, character, and prospects for rehabilitation. The prosecution submitted that the sentence was appropriate and that the court had adequately considered the appellant's subjective matters.

The Court of Appeal found that the sentence was not manifestly excessive and that the court had adequately considered the appellant's subjective matters. The court noted that the appellant had engaged in a significant course of offending over a substantial period and that the victim was vulnerable and unable to consent to the sexual acts. The court also noted that the appellant had not shown genuine remorse and that there was a significant risk of re-offending. The court found that the sentence was appropriate and that the non-parole period reflected the seriousness of the offending.

The Court of Appeal dismissed the appeal and upheld the original sentence. The appellant is eligible for release to parole on 28 June 2032.