R v W W S

The defendant, W W S, applied for leave to appeal against his conviction and sentence in a criminal matter. W W S had pleaded guilty to nine counts of sexual offences against seven females under the age of 16. The applicant argued that one of the counts was bad for duplicity, in that it joined two separate offences together. The applicant also argued that the offending referred to in that count should have been included as a particular, rather than a count, and that the applicant was thereby subject to multiple punishment for a single act. Additionally, the applicant argued that the sentence was manifestly excessive.

The court examined the relevant sections of the Interpretation of Legislation Act 1984 and determined that the count in question was not bad for duplicity. The court held that the offence referred to in that count was a single act and that the applicant was not subject to multiple punishment for a single act. The court also considered the sentencing submissions and found that the judge had properly taken into account the applicant's lack of remorse and that the sentence, including the non-parole period, was not manifestly excessive.

The application for leave to appeal was refused. The court held that the applicant had not shown that the appeal had a reasonable prospect of success, and that the appeal would not result in a manifestly unjust outcome. The court also found that the application did not raise a question of law of general public importance.