Aubrey v The Queen

In *Aubrey v The Queen*, the appellant appealed against a sentence imposed by a judge of the Supreme Court of Queensland. The appeal concerned the sentencing of the appellant for offences related to child exploitation material.

The primary legal issues before the Court of Appeal were whether the sentencing judge had erred in her consideration of the matters relevant to sentencing, specifically regarding the appellant's suitability for a home detention order and the weight given to the principle of general deterrence. The appellant also contended that the judge failed to adequately consider his rehabilitation.

The Court of Appeal held that there was no requirement for the sentencing judge to make a specific finding on the appellant's suitability for a home detention order, as this was a preliminary consideration. The Court found that the judge had manifestly considered the matters raised by the appellant, including rehabilitation. It was open to the judge to give particular weight to general deterrence, especially in circumstances where the appellant continued to deny the offending and showed no remorse. The Court concluded that the sentencing remarks did not disclose any error. Accordingly, the appeal was dismissed.