The King v Benning

The King, represented by the Crown, appealed against the sentence imposed on the respondent, Benning, by a sentencing judge. The appeal concerned the adequacy of the total effective sentence of seven years imprisonment, with a non-parole period of four years, which Benning received for ten offences, including sexual intercourse without consent, attempted sexual intercourse without consent, aggravated unlawful entry, aggravated assault, deprivation of liberty, making a threat to kill, unlawfully causing serious harm, and stealing.

The legal issues before the Court of Appeal were whether the sentencing judge erred in assessing the objective seriousness of the offending, failed to give sufficient regard to the need for greater accumulation of sentences, and whether the overall sentence imposed failed to reflect the gravity of the respondent's conduct. The Crown argued that the sentence was manifestly inadequate.

The Court of Appeal, comprising Southwood, Kelly, and Barr JJ, found that the individual sentences imposed for several counts, specifically counts 1, 2, 4, 6, 7, 8, and 9, were manifestly inadequate. While acknowledging that the sentencing judge had considered the principles in *Verdin* and *Bugmy* which mitigated the respondent's moral culpability and reduced the weight given to general and specific deterrence, the Court determined that these considerations did not justify the leniency of the original sentence. The Court highlighted the premeditated nature of the aggravated unlawful entry, the respondent's use of a dangerous weapon (scissors), his disguise, and the particular vulnerability of the victim, all of which contributed to a high degree of moral culpability. The Court also noted the significant emotional and psychological harm suffered by the victim, as evidenced by her victim impact statement.

The appeal was allowed. The sentences imposed for counts 1, 2, 4, 6, 7, 8, and 9 were quashed, and the respondent was to be resentenced. The sentences imposed for counts 3, 5, and 10 were confirmed as appropriate and proportionate.