The State of Western Australia v HNU

This appeal concerns the sentence imposed on the respondent, who was convicted of sexual penetration without consent. The State of Western Australia appealed the sentence, contending that it was manifestly inadequate. The Court of Appeal found that the sentence imposed by the sentencing judge was manifestly inadequate and remitted the matter to the District Court for resentencing. The Court of Appeal found that the circumstances of the offence were serious, the victim was vulnerable, and the respondent had breached the trust she had in him. The Court of Appeal found that the sentence imposed by the sentencing judge was not commensurate with the seriousness of the offence. The Court of Appeal imposed a sentence of 3 years and 4 months' imprisonment, with an order that the respondent be eligible for parole.

The Court of Appeal found that the sentence imposed by the sentencing judge was manifestly inadequate and remitted the matter to the District Court for resentencing. The Court of Appeal found that the circumstances of the offence were serious, the victim was vulnerable, and the respondent had breached the trust she had in him. The Court of Appeal found that the sentence imposed by the sentencing judge was not commensurate with the seriousness of the offence. The Court of Appeal imposed a sentence of 3 years and 4 months' imprisonment, with an order that the respondent be eligible for parole.