Key Words: Commit act of indecency with person 16 years or over, Section 61N(2) Crimes Act 1900 – suspended sentence, Section 12 Crimes (Sentencing Procedure) Act 1999 – severity appeal – submissions upon appeal – appeal upheld – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999
WMK was charged with and plead guilty to committing an act of indecency with a person 16 years or over, and was sentenced in the Local Court to a 6 month suspended sentence. WMK instructed O’Brien Solicitors to appeal the sentence on the grounds of severity.
During the appeal hearing, the defence raised the significant remorse of WMK. Moreover, WMK was assessed as extremely unlikely to repeat the offence. Given these submissions, the District Court upheld WMK’s severity appeal and downgraded the sentence to a 6 month good behaviour bond.