R v VANCE

In R v Vance, the applicant sought leave to appeal against a sentence of five years imprisonment with a non-parole period of three years, imposed for indecently assaulting three young girls. The applicant, a music teacher aged 76 at the time of sentencing, committed the offences over a period of approximately five years between 2003 and 2008, during private lessons. The victims were aged between five and ten years old at the time of the offending.

The central legal issues before the court were whether the head sentence and non-parole period were manifestly excessive, and the appropriate weight to be given to various sentencing factors. These factors included the nature and circumstances of the offences, specifically the breach of trust inherent in the applicant's position as a teacher, the gravity of sexual offending against children, the impact on the victims as evidenced by victim impact statements, and the applicant's personal circumstances such as his age, lack of prior convictions, and medical issues. The court also considered the purpose of sentencing, particularly the need for general deterrence in cases of sexual offences against children.

The court acknowledged the sentencing judge's finding that the offending, while not involving penetration or touching under clothing, was still serious due to its damaging effects on the young victims and the significant period over which it occurred. The judge also recognised the importance of general deterrence and the need to protect children. While the applicant's age, lack of prior convictions, and a psychological report suggesting a low risk of re-offending were considered, the sentencing judge found these factors were diminished by the applicant's continued assertion of innocence and lack of insight into his offending. The court ultimately found that the sentencing judge had properly balanced all relevant considerations, including the gravity of the offences, the breach of trust, the impact on the victims, and the need for general deterrence, against the applicant's personal circumstances.

The application for leave to appeal was dismissed.