Suleman v The State of Western Australia

Syed Ahmed Suleman appeals against his conviction and sentence, seeking leave to appeal against the total effective sentence imposed by the District Court. The appellant was convicted of three counts of sexual penetration without consent and was sentenced to a total effective sentence of 4 years and 10 months of immediate imprisonment. The appeal concerns whether the total effective sentence infringes the first limb of the totality principle. The Court of Appeal finds that the total effective sentence of 4 years and 10 months of immediate imprisonment was broadly consistent with the range of sentences customarily imposed and did not infringe the first limb of the totality principle. The appeal is dismissed, and leave to appeal is refused.

The Court of Appeal considered the facts of the case and found that the appellant committed three counts of sexual penetration without consent. The appellant was employed to drive the victim and took her to an empty unit where the offences occurred. The Court of Appeal found that the appellant's conduct was persistent, and the victim repeatedly asked him to stop. The Court of Appeal also considered the appellant's personal circumstances, including his supportive family and employment history. However, the Court of Appeal found that the appellant's personal circumstances did not outweigh the seriousness of the offending. The Court of Appeal considered the principles applicable to the totality principle and found that the total effective sentence was broadly consistent with the range of sentences customarily imposed. The Court of Appeal concluded that the total effective sentence did not infringe the first limb of the totality principle and dismissed the appeal.