Bull v R [2004] ACTCA 8

1. This is an appeal against the severity of a sentence imposed upon the appellant for committing an act of indecency upon a five year old child contrary to section 61(1) of the Crimes Act 1900. The appellant was sentenced to a term of six years, 11 months and 10 days imprisonment to date from 15 September 2003. A non-parole period of four years, seven months, and 10 days was fixed to start from the same date.

2. The learned trial judge found that the offence involved placing one hand down the underpants of the young girl for his own sexual gratification and touching her in the vaginal area. In the course of this he ejaculated and some of his semen went down inside the front of the child's pants. It need scarcely be said that this was a very serious offence.

3. Furthermore, the evidence revealed that he had previous convictions for offences of a similar character and that following the sentence for those offences he had had the benefit of a course of rehabilitation intended to address this type of problem.

4. His Honour found that the appellant had shown no remorse, though he had conducted himself in relation to the investigation of the matter in a way calculated to minimise further harm to the child by voluntarily attending at a police station and submitting DNA samples which ultimately established that it was his semen on the child's underpants. Furthermore, to his credit it should be noted that he instructed his counsel not to have the child brought before the court for cross-examination.

5. Nonetheless, it was, in short, a very serious offence, unmitigated by any plea of guilty, unmitigated by any display of remorse and unmitigated by previous evidence of substantial good character. In these circumstances it seems to me that the sentence which his Honour imposed was amply justified and that the only question that arises in my mind as to whether it was adequate.