Agarwal v Coutts (No 2)

The appellant, Mr Agarwal, was convicted in the Magistrates Court of Queensland of acts of indecency against a person aged under 16 years. The victim, who was under 16 at the time of the offences, was Mr Agarwal’s employee. Mr Agarwal appealed against his sentence, arguing that the Magistrate had erred in the form of imprisonment imposed. He contended that the Magistrate did not sufficiently consider whether the offending was deliberate and planned, and that the Magistrate did not take into account his limited remorse. Additionally, Mr Agarwal sought to adduce new evidence regarding his health, which he argued should have been considered by the court.

The court considered whether the Magistrate had erred in the form of imprisonment imposed and whether the offending was deliberate and planned. The court held that the Magistrate had not erred in imposing the form of imprisonment, and that the offending was deliberate and planned. The court noted that the Magistrate had considered the relevant factors in determining the sentence, including the appellant’s remorse, and that the appellant had not established any error in the Magistrate’s approach. The court also held that new evidence regarding the appellant’s health was not admissible as it was not available at the time of the original sentencing hearing.

The appeal was dismissed, and the appellant’s sentence was varied to take account of custody served prior to the grant of bail. The appellant is sentenced to a term of 21 months’ imprisonment, commencing on 14 January 2024 and expiring on 13 October 2025. The appellant will be eligible for parole on 13 December 2024. The appellant’s application for the admission of further evidence was also dismissed.