Kilpatrick v The Queen [2000] FCA 632

Kilpatrick v The Queen [2000] FCA 632

The sentences imposed were manifestly excessive given the low objective seriousness of the offences, appellant's lack of prior convictions, significant personal consequences, and the fact that after seven months custody, further imprisonment would be excessive. Appeal allowed, sentences set aside, and substituted sentence imposed to expire on the day of order, permitting immediate release.

Parties
Applicant/appellant: Martin Joseph Kilpatrick; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
16 May 2000
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
Sentencing, Sexual Offences Against Children, Appeal Out of Time, Manifestly Excessive Sentence
Criminal Law Sentencing Sexual Offences Against Children Appeal Out of Time Manifestly Excessive Sentence

Case Brief

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Parties

Martin Joseph Kilpatrick

Applicant/appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentences imposed for two counts of indecency with children were manifestly excessive
  2. 2 Whether custodial sentence is mandatory for offences at lower end of scale
  3. 3 Application of statutory sentencing principles

Ratio Decidendi

The sentences imposed were manifestly excessive given the low objective seriousness of the offences, appellant's lack of prior convictions, significant personal consequences, and the fact that after seven months custody, further imprisonment would be excessive. Appeal allowed, sentences set aside, and substituted sentence imposed to expire on the day of order, permitting immediate release.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal out of time granted
  • Sentences imposed on 9 July 1999 set aside