The State of Western Australia v Wynne

This appeal is against the sentence imposed by the District Court on the respondent, Milton George Wynne, who had been convicted of sexual penetration without consent. The State of Western Australia appealed the sentence on the ground that it was manifestly inadequate. The appeal was allowed and the sentence was set aside. The respondent was resentenced to 2 years' imprisonment. The appeal was allowed because the original sentence was plainly unreasonable or unjust. The offence was of a serious nature, committed in a public place and involving a vulnerable young victim. Any appropriate sentence would be significantly longer than the time the respondent had spent in custody. The maximum penalty for the offence was 14 years' imprisonment. The court considered the need for general and personal deterrence and the sentences imposed in broadly comparable cases. The respondent had a deprived childhood and had spent 5 months in custody prior to sentencing. Those personal circumstances did not justify a non-custodial penalty. The sentence imposed was required to reflect the seriousness of the offence and the maximum penalty for the offence. The court did not exercise its residual discretion to dismiss the appeal.