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Media Release - 28 May 2009 - Re: DPP v DDJ and DPP v CPD

The Director of Public Prosecutions, Mr. Jeremy Rapke QC, today welcomed two judgments handed down by the Court of Appeal, in which Director’s appeals against inadequate sentences were allowed, and significantly increased sentences were imposed.

The Court of Appeal today handed down its judgments in the matters of DPP v. DDJ and DPP v. CPD.

“These two judgments, which should be read together, are of particular significance on a number of levels.  In each of these matters, I appealed to the Court of Appeal against what I regarded  as manifestly inadequate sentences imposed at first instance for sexual offences committed against children.  In each matter, the Court of Appeal has allowed my appeal and significantly increased the sentences in question,” Mr. Rapke said.  “The increase in the sentences is a significant recognition of the trauma caused to the victims in these particular cases, and the trauma caused to victims of sexual offending generally, particularly where the victims are children”.

“One of my concerns in relation to each of these cases was that the current sentencing practices for the offences in question is too low and that the sentencing judges may to some extent have been unduly limited in their ability to impose an appropriate sentence, where doing so might have been regarded as conflicting with current sentencing practices,” Mr. Rapke said

“Importantly, in each of these judgments, the Court of Appeal has not only reiterated the extreme seriousness of the offending in question, but has also confirmed that, in appropriate cases, sentencing judges may take into account the fact that a current sentencing practice is inadequate (because it does not reflect the maximum penalty set down by Parliament)  and impose a sentence higher than might otherwise be expected.  The Court of Appeal has also provided further guidance for the conducting of Director’s appeals in cases where one of the Director’s complaints about the sentence in question is that it reflects a current but inadequate sentencing practice”, Mr.Rapke said.

“On behalf of the victims in these particular cases, and on behalf of victims of sexual assault more generally, I welcome the outcomes of these appeals and I look forward to applying the principles discussed in these judgments to future Director’s appeals involving offences for which current sentencing practices are, in my view, inadequate.” 

The full texts of the judgments in DDJ and CPD are available from the Victorian Supreme Court’s website.

Any queries may be directed to the Office of Public Prosecutions, Media Liaison Officer on 9603 7467.