Trinh v R

The appellant, Trinh, appealed against his sentence in the County Court of Victoria. He was found guilty of various offences including possession and production of child abuse material, use of a carriage service to transmit, solicit and access such material, and using a carriage service to engage in sexual activity with a person under the age of 16 years. The court was required to decide whether the sentencing judge erred in assessing the family hardship as a consideration, in rejecting Verdins limbs one and three, and whether the sentence for the use of a carriage service to engage in sexual activity with a minor was manifestly excessive.

The court held that the sentencing judge did not err in rejecting Verdins limbs one and three, which pertain to the mitigating factors of the offender’s role in the offence and the extent of their participation. The court found that the judge appropriately considered the nature and gravity of the offences and the need for denunciation and deterrence. The appeal against the family hardship consideration was also dismissed as the judge had adequately assessed the impact on the family and balanced it against the seriousness of the crimes committed. However, the court found that the sentence for the use of a carriage service to engage in sexual activity with a person under the age of 16 years was manifestly excessive. The appeal against this aspect of the sentence was allowed, and the matter was remitted to the County Court for re-sentencing.

The court concluded that the sentence for using a carriage service to engage in sexual activity with a minor was manifestly excessive, given the other sentences imposed and the principles of proportionality. The appeal was granted on this point, and the matter was remitted to the County Court for reconsideration of the sentence in light of the court's findings. The other aspects of the sentence and the convictions were affirmed.