WNO v The State of Western Australia

The appellant, WNO, sought leave to appeal against a sentence of 6 years and 9 months' imprisonment, imposed for multiple counts of indecent dealing and sexual penetration of his niece, a child aged between 13 and 16 years old. The appeal was filed out of time, and the court considered whether an extension of time should be granted. The appellant argued that the total effective sentence infringed the first limb of the totality principle, which requires the sentence to bear a proper relationship to the overall criminality of the offences. The court examined the individual circumstances of the offences, the appellant's criminal history, and the impact on the victim. It concluded that the total effective sentence was appropriate, given the seriousness of the offences, the absence of mitigating factors, and the need for general deterrence to protect vulnerable children. The court found that the appellant's submission lacked merit and refused leave to appeal.

The appeal was dismissed, and the total effective sentence of 6 years and 9 months' imprisonment was upheld. The court granted an extension of time for the appeal, allowing it to proceed despite the late filing. The outcome reflects the gravity of the appellant's crimes and the importance of appropriate sentencing to address such serious offences against a vulnerable child.