R v Walden

The appeal before the court was brought by Walden against the sentence imposed by the primary judge. Walden was convicted by a jury of maintaining an unlawful sexual relationship with a child under 16 years of age, with the complainant being 13 years of age at the time of the offence. The relationship occurred over a period of two months and involved sexual intercourse three to four times per week. Walden, who was 50 years of age at the time, had a good work history and no relevant prior criminal history. Walden's appeal was grounded on the basis that the primary judge erred in principle by comparing Walden's conduct with that of the complainant's parents, who had pleaded guilty to a variety of sexual offences, and by considering the sentences imposed on the parents in relation to maintaining when sentencing Walden.

The court considered whether there was an error in principle in the manner in which the primary judge approached the sentencing process, as well as whether the sentence was manifestly excessive or inadequate. The court noted that while the primary judge did compare Walden's conduct with that of the complainant's parents, this did not constitute an error in principle. The court found that the primary judge's approach to sentencing was appropriate, as the comparison was made to ensure that the sentences were proportionate and reflected the gravity of the offences committed. Additionally, the court held that the sentence of six years imprisonment was not manifestly excessive, taking into account the nature and duration of the sexual relationship, the age difference between Walden and the complainant, and the fact that Walden did not occupy a position of trust or use violence or threats.

The court ultimately refused Walden's application for leave to appeal against sentence, affirming the original sentence imposed by the primary judge. The court concluded that the primary judge had appropriately exercised their discretion in sentencing Walden, and that the sentence imposed was proportionate to the offence committed.