The State of Western Australia v Rayapen

The appeal was against the sentence imposed by Levy DCJ on Luigi Ignace Rayapen, who was convicted of one count of aggravated indecent assault and one count of sexual penetration without consent. The State of Western Australia appealed the total effective sentence of 2 years imprisonment, wholly suspended for a period of 2 years. The appeal was allowed on all grounds. The sentence imposed by the sentencing judge was manifestly inadequate in both type and duration and did not achieve the purposes of sentencing. The appropriate sentence was a total effective sentence of 3 years and 3 months imprisonment, to be served immediately. Mr Rayapen will be eligible for parole.