R v F CA169/03

This appeal concerns the sentence imposed on the appellant for offences against a child, including indecent assault. The appellant, who was in a long-term relationship with the victim's mother and was her stepfather, pleaded guilty to one charge of assault on a child and one charge of indecent assault on a girl aged between 12 and 16. The appellant was sentenced in the District Court to six months imprisonment for the assault charge, cumulative on 16 months for the indecent assault charge. The appellant appealed against the sentence on the basis that imprisonment was not the appropriate sentence, that the offer of reparation was overlooked, that the victim's guardian's view was not taken into account, and that mitigating factors were given insufficient weight. The Court of Appeal considered the arguments and found that a custodial sentence was appropriate, but that the sentence for the indecent assault charge may seem excessive when considered separately. However, the totality of the offending warranted a firm response and the total sentence could not be regarded as manifestly excessive. The appeal against sentence was dismissed.

The court found that a custodial sentence was appropriate in these circumstances due to the nature of the offences, which involved serious breaches of trust and physical and sexual domination over a child. The court also found that the sentence for the indecent assault charge, when considered separately, may seem excessive, but that the totality of the offending warranted a firm response. The court rejected the appellant's arguments that imprisonment was not the appropriate sentence, that the offer of reparation was overlooked, that the victim's guardian's view was not taken into account, and that mitigating factors were given insufficient weight. The appeal against sentence was dismissed.