Federal Court of Australia
om
CATCHWORDS
CRIMINAL LAW - appeal against severity of sentence - incestuous
rape - allowance to be made for plea of guilty - other celevant
factors,
Parole of Prisoners Act (NT) s.4(5)
Criminal Law {Conditional Release of Offenders) Act (NT) s.5(1) (b}
K v THE QUEEN
No. NTG 15 of 1983
Woodward, Sheppard and Neaves JJ. Darwin 28 September 1983
WHERE MADE
IN THE FEDERAL COURT OF AUSTRALIA 5)
) NORTHERN TERRITORY DISTRICT PEGISTRY ) No. NTG 15 of 1983
RY GENERAL DIVISTON )
OW APPEAL FFOM THE SUPREME COURT OF
TIE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN :
K Appellant and
THE QUEEN
ORDER
JUDGES MAKING ORDER
Woodward, Sheppard and Neaves JJ.
DATE OF ORDER 28 September 1983
Darwin
THE COURT ORDERS THAT:
1. The appeal be upheld and the sentence imposed on the accused on 26 May 1983 be set aside.
2. The accused be sentenced to imprisonment with hard labour for five years, commencing upon 26 May 1983.
3. The said sentence be suspended, after the accused has served 15 months of it, upon his then giving security by way of recognizance in the sum of $500
« to be of good behaviour for a period of two years.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NORTHERN TERRITORY DISTRICT REGISTRY ) No. NTG 15 of 1°83 ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF
THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN: . K Appellant
and THE QUEEN Respondent
CORAM: Woodward, Sheppard and Neaves JJ.
DATE: 28 September 1983
REASONS FOR JUDGMENT
THE COURT
This is an appeal against the severity of a sentence imposed in the Supreme Court of the Northern Territory for an
offence of rape.
The prosecutrix was the 15-year-old step-daughter of the accused, who had been separated from the girl's mother for some months at the time of the offence. The girl, with her
younger brother, was staying with her step-father for the weekend.
During the night the accused, apparently succumbing to a sudden impulse, went into the sleeping girl's room, got into her bed and, in the space of a few manutes, committed the offence of rape. The girl, not knowing what to do, feigned sleep. There
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