R v Wingate

The appellant was convicted of engaging in acts of indecency with a person under the age of 16 years while outside Australia. The appeal was against sentence, not conviction. The court was required to determine whether the sentences imposed were manifestly excessive. The appellant had pleaded guilty to three counts of committing an act of indecency with a person under 16 years of age outside Australia, while in possession of child-abuse material. The offending occurred in Cambodia in 2017 and 2018 and involved three different victims under the age of 16 years. The court imposed a sentence of imprisonment of 4 years and 2 months with a non-parole period of 2 years and 9 months. The appellant submitted that the sentences imposed were manifestly excessive.

The court held that the totality principle should be applied to the aggregate sentence, rather than the individual sentences. The court found that the sentences imposed were not manifestly excessive. The appellant had demonstrated a degree of remorse and insight and had co-operated with authorities. The court considered the nature and circumstances of the offending, the appellant's criminal history, and the need for general deterrence. The appeal was dismissed.