The State of Western Australia v Syred

The State of Western Australia sought an appeal against the sentence imposed on Syred, who was convicted of three counts of aggravated indecent assault and one count of aggravated sexual penetration without consent. The circumstances of aggravation included the fact that Syred had photographed and filmed the victim while she was naked and during the offending conduct. The seriousness of the offending was further exacerbated by the fact that the victim was asleep and that one of the counts of aggravated indecent assault was of a demeaning nature. The total effective sentence imposed on Syred was 18 months' imprisonment, conditionally suspended. The State of Western Australia argued that the sentencing judge had erred in conditionally suspending the terms of imprisonment and that the individual sentence for the count of aggravated sexual penetration without consent was so inadequate in length as to manifest error.

The court had to determine whether the sentencing judge had erred in conditionally suspending the terms of imprisonment and whether the individual sentence for the count of aggravated sexual penetration without consent was so inadequate in length as to manifest error. The court found that the sentencing judge had erred in conditionally suspending the terms of imprisonment as it did not adequately reflect the seriousness of the offending and the need for general deterrence. The court also found that the individual sentence for the count of aggravated sexual penetration without consent was inadequate in length as it did not reflect the seriousness of the offence and the need for general deterrence. The court held that the appropriate sentence for the count of aggravated sexual penetration without consent was imprisonment for a period of two years and six months.

The court ordered that the terms of imprisonment be made absolute and that Syred be imprisoned for a period of 18 months. The court also ordered that the sentence for the count of aggravated sexual penetration without consent be varied to imprisonment for a period of two years and six months. The court further ordered that the sentences for the other counts of offending be varied to reflect the new sentence for the count of aggravated sexual penetration without consent. The court also ordered that the sentences be served concurrently.