R v "L" (CA358/05)

The appellant, Mr. L, appealed against his sentence for incest with his daughter, S, and indecent assault. The appellant pleaded guilty to two counts of incest with a daughter over the years 2002-2005 and one count of indecently assaulting her in 2001-2002 when she was 15. The court sentenced Mr. L to five-and-a-half years’ imprisonment on each of the incest counts and two years’ imprisonment on the indecent assault, all terms being concurrent. The appellant argued that the sentence was manifestly excessive, and the Crown submitted that the sentence was appropriate. The court held that the sentence was not manifestly excessive, and the appeal against the sentence was dismissed. The court found that the appellant's offending was towards the most serious end of the incest spectrum, and the sentence imposed was within the appropriate range.

The court considered the sentencing principles in incest cases, which include the abhorrence of the community for such conduct and the grave impact on the lives of complainants. The court noted that there is no accepted tariff for sentencing those charged with incest, though the sentences imposed tend to fall into reasonably predictable, though widely-defined, bands. The court also considered the impact of the appellant's offending on the victim, S, and the family, and found that the discount for mitigating features was appropriate. The court held that the sentence imposed was not manifestly excessive and dismissed the appeal against the sentence.