Tori v The King

The appellant, Tori, appealed against his sentence for the sexual assault of a child under the age of 16, the victim of which was a five-year-old child left in his care by her parents. The original sentence handed down was 4 years and 2 months imprisonment, with a non-parole period of 2 years and 6 months. The appellant was 18 years of age at the time of the offending, and the delay between the offence and the sentence was more than three years. Tori had entered an early guilty plea. The appeal was against the sentence, arguing it was manifestly excessive in light of the appellant's age, the delay, and other factors.

The legal issue before the court was whether the sentence was manifestly excessive. The appellant submitted that his youth and the delay in sentencing were significant mitigating factors. The Crown argued that the gravity of the offence warranted a lengthy sentence. The court needed to balance these considerations against the principles of sentencing for such a serious offence.

The court held that the original sentence was manifestly excessive. The court took into account the appellant's age at the time of the offence, the delay in sentencing, the early guilty plea, and the other mitigating factors presented. The court found that these factors warranted a reduction in sentence. The court resentenced the appellant to 2 years and 6 months imprisonment with an 18-month non-parole period. The appeal was allowed, and the original sentence was set aside.