Stephenson v The Queen

In this case, the appellant, Stephenson, was convicted of two counts of sexual penetration of the vagina by the tongue with a child under the age of 13 years, and two counts of indecent dealing with a child under the age of 13 years. The crimes were committed against a single victim. The appellant was sentenced to a total cumulative term of seven years imprisonment, with a non-parole period of four years. The High Court of Australia was tasked with reviewing the sentence imposed by the lower courts.

The central legal issue before the court was whether the total cumulative sentence of seven years was manifestly excessive in the circumstances. The appellant argued that the sentence was disproportionate and should be reduced. The respondent, The Queen, contended that the sentence was appropriate and should stand. The court needed to determine if the sentence imposed was manifestly excessive and, if so, whether it should be reduced.

The court considered the gravity of the crimes, which involved a breach of trust and had a significant impact on the victim. However, the court noted that the sentence imposed was at the higher end of the scale for such offences. The court also took into account the appellant's background, his early guilty plea, and the fact that he had no prior convictions. The court concluded that the total cumulative sentence of seven years was manifestly excessive and should be reduced. The sentence was reduced to five years, with a non-parole period of three years. The appellant became eligible for parole after serving two-thirds of the total sentence.

The court granted the appellant leave to appeal, allowed the appeal, and reduced the total sentence to five years imprisonment, with a non-parole period of three years. The appellant became eligible for parole after serving two-thirds of the total sentence.