Tapper v The State of Western Australia

In Tapper v The State of Western Australia, the appellant, Tapper, appealed against his sentence imposed by the Supreme Court of Western Australia after pleading guilty to three counts of sexual penetration of a child over 13 and under 16 years of age. The appellant, aged 43 at the time of sentencing, was found to have been wilfully blind as to the age of the child, who was 15. The trial judge sentenced Tapper to 2 years’ imprisonment on each count, to be served concurrently. The appellant argued that the sentence was manifestly excessive and that the sentencing judge had made express errors in making findings of fact for the purposes of sentencing.

The court considered whether the sentence imposed was manifestly excessive and whether the sentencing judge made any errors in making findings of fact. The court held that the sentence was not manifestly excessive, taking into account the seriousness of the offences and the need for general and specific deterrence. The court also held that there were no express errors in the findings of fact made by the sentencing judge. The court found that the sentencing judge had appropriately considered the circumstances of the case, including the appellant's wilful blindness as to the age of the child, the nature of the offences, and the appellant's criminal history.

The court dismissed the appeal against sentence. The sentence of 2 years' imprisonment on each count, to be served concurrently, was upheld. The court found that the sentence was appropriate in the circumstances and that there were no errors in the findings of fact made by the sentencing judge. The appellant's appeal was dismissed, and the original sentence was affirmed.