Plan B Forum

NSW Attorney-General Greg Smith will launch an appeal against what he has described as the "manifestly inadequate" sentence handed to a man convicted of repeatedly raping his own daughter.

The extraordinary decision comes after the office of the Director of Public Prosecutions last week said it would not appeal against the three-year good behaviour bond given to the father, who abused his daughter over several years.The man was referred to Cedar Cottage - a residential treatment centre in western Sydney for fathers guilty of incest - earlier this year.

But Mr Smith released a statement on Thursday saying that he had instructed the Crown Solicitor to lodge an appeal in the case.

"I have taken this unusual step because I was deeply disturbed by the circumstances of this case," he said.

"I am of the view that mistakes were made in the case and believe the penalty imposed is manifestly inadequate.

"The sexual assault of a child is an outrageous breach of trust and the penalty must reflect the seriousness of the offence."

He said the appeal would be lodged with the Court of Criminal Appeal "in due course", adding that his decision was not a criticism of the DPP's decision.

The DPP had previously said the decision to refer the man to Cedar Cottage could not be appealed.

Director of Public Prosecutions Lloyd Babb said he had not directed an appeal against the sentencing "after considering the unique history of this matter, including the fact that the additional charges were disclosed only at the behest of Cedar Cottage staff".

Last week, when Mr Smith said he was considering launching an appeal, former DPP Nicholas Cowdery said Mr Smith's decision should be subject to public scrutiny.

"The Attorney-General's powers should only be used in exceptional circumstances and only where there is some decision-making fault on the part of the Director of Public Prosecutions," he said at the time.

"It might be the job of a politician to keep the community happy, but it is not the job of the DPP."



Read more: http://www.smh.com.au/nsw/nsw-attorneyg ... z2a0uzoYQM

Last week, when Mr Smith said he was considering launching an appeal, former DPP Nicholas Cowdery said Mr Smith's decision should be subject to public scrutiny.