19 Oct 2022
Leave to appeal against sentence was granted because it was reasonably arguable that the overall cumulative sentence produced by consecutive elements was manifestly excessive or wrong in principle; the Court did not find the starting point for Count 2 plainly wrong but recognized the appellant's principal complaint concerned totality and the application of consecutive elements.
8 Oct 2020
Having applied Yeung Ho Nam and assessed the aggravating and mitigating factors (notably a 15-year age gap, manipulation/coercion, paedophilic disorder and high re-offending risk, sadistic elements in videos, absence of condoms, prior like offences and psychological harm to the victim), the court held a 4.5-year starting point appropriate for each buggery charge; after the one-third plea reduction and ordering specified concurrency and partial consecutivity the appropriate overall term is 8 years, and the appeal is allowed to reduce the sentence from 8½ to 8 years.
5 Jun 2020
Leave to appeal against sentence out of time is granted because it is reasonably arguable the applicant should benefit from the Court of Appeal's remedial interpretation of section 118C and that the sentencing 'anchor' for the buggery offence may have been too heavy; the Court of Appeal should reassess the overall sentence in light of that and the identified aggravating factors.
25 Sept 2019
Section 118C as worded discriminated against male homosexuals and was read down by the court to align maximum penalties with section 124 (life where victim under 13; 5 years where victim aged 13–15). Sentencing for s118C must be gender-neutral and follow existing sentencing principles for underage sexual offences. On the facts (consensual liaison, victim an instigator involved in compensated dating, use of condoms, no grooming or injury, genuine remorse) the appropriate starting point was 12 months per count, reduced by one-third for plea to 8 months per count with 2 months of the second coun…
9 Feb 2012
The sentencing judge did not err: the one-third guilty plea discount is appropriate absent exceptional circumstances; it was reasonable to infer trauma to young victims; the offences involved repeated inducement and exploitation of multiple young boys, justifying a deterrent aggregate sentence of 12 years which complies with totality and is upheld.