R v Mist

Basil Steven Marshall Mist appealed against his sentence for a series of serious sexual offences, including the rape of a 12-year-old girl and the digital violation of a 7-year-old. The trial judge had sentenced him to 16 years' imprisonment, to run concurrently with his 10-year sentence for manslaughter. The Solicitor-General appealed, arguing that the sentence was manifestly inadequate. The Court of Appeal granted the appeal, holding that the sentence was manifestly inadequate and ordering a term of 10 years' imprisonment, cumulative on the manslaughter charge. The Court of Appeal reasoned that the starting point for the sexual offending was 16 years' imprisonment. The manslaughter sentence needed to be adjusted, resulting in a total of 23 years' imprisonment. The Court of Appeal made further adjustments for youth and the nature of the appeal, resulting in a total sentence of 20 years' imprisonment. The Court of Appeal also ordered an MPI of 10 years.

The Court of Appeal concluded that the sentence imposed by the trial judge was inadequate and that the starting point for the sexual offending was 16 years' imprisonment. The Court of Appeal adjusted the manslaughter sentence and made further adjustments for youth and the nature of the appeal, resulting in a total sentence of 20 years' imprisonment. The Court of Appeal also ordered an MPI of 10 years. The Court of Appeal quashed the sentence on count 2 and imposed a term of 10 years' imprisonment, cumulative on the manslaughter charge.