The State of Western Australia v BNY

This appeal involves a conviction for serious sexual offending against children. The respondent was convicted of three counts of child sex offences against a complainant, who was a child at the time of the offending. The respondent had previously been convicted of child sex offences against two of the complainant's sisters. The Court of Appeal found that the trial judge's sentencing decision, including the sentences imposed by her Honour, should be set aside and the respondent resentenced. The appeal was allowed on three grounds: first, the trial judge erred in taking into account delay as a mitigating factor; second, the individual sentence imposed for the most serious offence was manifestly inadequate; and third, the total effective sentence imposed infringed the totality principle. The Court of Appeal exercised its residual discretion and resentenced the respondent to a total effective sentence of 5 years 6 months' imprisonment.