The applicant Dennis McCray (a pseudonym) was sentenced at the County Court to 6 years imprisonment with a non-parole period of  4 years on two charges of incest and indecently assaulting his daughter. The victim was aged between 4 and 10 years of age at the time of these offences.

The applicant appealed this sentence to the Court of Appeal, submitting that the sentencing judge proceeded on an incorrect footing about the facts when sentencing on the incest charge, along with the submission that the applicant had strong mitigating circumstances that required a shorter sentence.

The Court of Appeal (President Maxwell and Justice Croucher) found the sentence was not manifestly excessive.

Read the Court's full judgment on AustLII (External link)

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