RDA v Tasmania

The Full Court of the Supreme Court of Tasmania heard an appeal against sentence brought by the appellant, RDA, who had been convicted of sexual offences against children committed approximately forty years prior to sentencing. The sentencing judge imposed a head sentence of five years' imprisonment.

The primary legal issue before the Full Court was whether the sentencing judge erred in failing to suspend part of the head sentence, and whether the sentence imposed was manifestly excessive in all the circumstances. The Court was required to consider the principles governing appeals against sentence, particularly where the offences occurred a significant time before the offender's rehabilitation.

The Full Court allowed the appeal, finding that the sentencing judge had given insufficient weight to the appellant's substantial rehabilitation over the intervening forty years. The Court applied the principle that while the gravity of sexual offences against children is significant, the passage of time and the offender's subsequent good character and rehabilitation are crucial factors to be considered in determining an appropriate sentence. The Court concluded that the failure to suspend part of the sentence was an error.

The Full Court varied the sentence by suspending the final two years of the five-year head sentence, meaning the appellant was required to serve three years' imprisonment.