Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES - where applicant convicted of one count of indecent treatment of child under 12 years – where applicant had touched ten-year-old girl outside her clothing on her pubic area but had immediately stopped – where it was held that incident fell at the lower end of seriousness for offences of this type – where applicant sentenced to six months' imprisonment suspended with an operational period of one year – where four months later applicant was convicted of driving under the influence of liquor during the operational period – where six months later applicant was dealt with for committing an offence during operational period of a suspended sentence and ordered to serve two months of six month suspended term of imprisonment – whether second judge should have extended operational period of suspended sentence rather than activating suspended sentence and imposing two months' imprisonment