SUPREME COURT OF QUEENSLAND
CITATION:
R v Basacar [2006] QCA 352
PARTIES:
R
v
BASACAR, Fahri
(applicant)FILE NO/S:
CA No 76 of 2006
DC No 3000 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
15 September 2006
DELIVERED AT:
Brisbane
HEARING DATE:
4 August 2006
JUDGES:
Jerrard and Holmes JJA and Mullins J
Separate reasons for judgment of each member of the Court, Holmes JA and Mullins J agreeing as to the order made, Jerrard JA dissentingORDER:
Application for leave to appeal against sentence refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – SEXUAL OFFENCES – applicant was convicted after a trial of two counts of rape and was sentenced to eight years’ imprisonment – applicant was also convicted of entering premises with an intent to commit an indictable offence – stealth rape – applicant appealed against sentence imposed in respect of the rape counts and contended that a sentence of six to eight years’ imprisonment was more appropriate – no violence – no prior convictions – no remorse – whether the sentencing discretion miscarried
R v Press [1997] QCA 7; CA No 489 of 1996, 14 February 1997, considered
R v Q [2003] QCA 421; CA No 78 of 2003, 26 September 2003, considered
R v Raymond [1994] QCA 441; CA No 299 of 1994, 12 September 1994, considered
R v SAS [2005] QCA 442; CA No 217 of 2005, 2 December 2005, cited
R v Stirling [1996] QCA 342; CA No 205 of 1996, 17 September 1996, cited
R v Williams [2002] QCA 211; CA No 361 of 2001, 21 June 2002, considered
COUNSEL:
A J Glynn SC for the applicant
R G Martin SC for the respondentSOLICITORS:
H Drakos & Company for the applicant
Director of Public Prosecutions (Queensland) for the respondent
JERRARD JA: In this application I have read the reasons for judgment of Mullins J, with whom Holmes JA agrees. I consider that the eight year head sentence was high, since the applicant did not use any weapon nor threaten physical injury to the victim. The sentence accordingly appears a severe one when contrasted with those described in R v SAS [2005] QCA 442.[1] It appears high when compared to that imposed in R v Stirling [1996] QCA 342.[2] I consider the sentence therefore exceeds what was proper, and would have allowed the application, and substituted instead a sentence of seven years imprisonment.
[1]CA No 217 of 2005, 2 December 2005.
[2]CA No 205 of 1996, 17 September 1996.
HOLMES JA: I have read the reasons for judgment of Mullins J and gratefully adopt her Honour’s setting out of the background facts. I agree with her Honour that, as a general proposition, sentences for…
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- R v Basacar [2006] QCA 352
- Case
- [2006] QCA 352
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CaseChat Overview and Summary
The legal issues before the court involved whether the sentencing discretion had miscarried. The applicant contended that the sentence imposed was excessive and that a lesser sentence would be more appropriate given the circumstances of the case. The court was required to determine whether the sentence was manifestly inadequate or excessive and whether there was a miscarriage of the sentencing discretion.
The court found that the sentence imposed was within the range of appropriate sentences for the offences committed. It noted that the applicant had committed serious offences involving sexual violence, which warranted a significant term of imprisonment. The court also highlighted the absence of remorse and the lack of any mitigating factors. In light of these considerations, the court concluded that there was no miscarriage of the sentencing discretion and that the sentence imposed was appropriate. Consequently, the application for leave to appeal against the sentence was refused.
Orders
Orders of the court
Application for leave to appeal against sentence refused
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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