24 November 2017

DPP appeal leads to increased sentence for rape

The sentence imposed on a man who raped a woman in her sleep has been significantly increased following an appeal by the Director of Public Prosecutions.

DPP John Champion S.C. appealed the initial County Court sentence of eight months’ imprisonment, and a three-year community correction order, imposed on Christopher Ian Davis on the basis that it was manifestly inadequate.

Davis had pleaded guilty to four charges of rape.

The Court of Appeal yesterday upheld the Director’s appeal and increased the sentence to four years and six months’ imprisonment, with a non-parole period of three years and three months.

In its judgment, the Court said the initial sentence imposed was not commensurate with the gravity of the offending and must be seen to have significantly overvalued the mitigating effect of Davis’ cognitive and emotional limitations.

Click here to read the judgment.

For further information contact:

Anthony Loncaric
03 9603 3603