R v Al Aiach

[2006] QCA 157

SUPREME COURT OF QUEENSLAND

CITATION:

R v Al Aiach [2006] QCA 157

PARTIES:

R
v
AL AIACH, Manssour
(applicant)

FILE NO/S:

CA No 93 of 2006
DC No 25 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED ON:

12 May 2006

DELIVERED AT:

Brisbane

HEARING DATE:

27 April 2006

JUDGES:

Jerrard and Keane JJA, Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Application for leave to appeal against sentence dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant pleaded guilty to 13 counts of unlawful and indecent dealing with a child under 16 years and one count of unlawful and indecent assault – where applicant was sentenced to 12 months imprisonment suspended after four months with an operational period of three years – where four complainants worked as employees at applicant’s pizza shop – where applicant was 47 and 48 years old when he committed the offences – no prior criminal history – whether sentence was manifestly excessive

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant voluntarily sought counselling from a consultant psychologist – where psychologist’s report stated that applicant appeared remorseful and predicted a low risk of re-offending – where sentencing judge did not specifically refer to s 9(6)(f) Penalties and Sentencing Act 1992 (Qld) (prospects of rehabilitation) but did refer to reports of applicant’s psychologist – whether sentencing judge overlooked applicant’s prospects of rehabilitation resulting from his own efforts and predicted low likelihood of re-offending – whether the applicant’s own efforts to seek psychological counselling constituted “exceptional circumstances” in R v Jones [2003] QCA 450 – whether sentence was manifestly excessive

Penalties and Sentencing Act 1992 (Qld), s 9(2)(a), 9(5), s 9(6)(f)

R v Fereiro [2006] QCA 10; CA No 331 of 2005, 6 February 2006, considered
R v G [1994] QCA 086, considered
R v Jones [2003] QCA 450; CA No 285 of 2003, 16 October 2006, considered
R v Pham [1996] QCA 3, cited

COUNSEL:

P J Callaghan SC for the applicant
M J Copley for the respondent

SOLICITORS:

Boe Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. JERRARD JA: On 10 April 2006 Mr Al Aiach pleaded guilty to 13 counts charging him with unlawfully and indecently dealing with a child under the age of 16 years, and one count of unlawful and indecent assault.  The offences he admitted by those pleas were committed in respect of four teenaged female employees of his, over the period between 12 April 2004 and 8 February 2005.  He was…