R v BAW

[2005] QCA 334

SUPREME COURT OF QUEENSLAND

CITATION:

R v BAW [2005] QCA 334

PARTIES:

R
v
BAW
(applicant)

FILE NO/S:

CA No 116 of 2005
DC No 50 of 2005
DC No 525 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED ON:

9 September 2005

DELIVERED AT:

Brisbane

HEARING DATE:

15 August 2005

JUDGES:

McMurdo P, Jerrard JA and Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the order 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 PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – SEXUAL OFFENCES – applicant pleaded guilty to three counts of maintaining a sexual relationship with a child and 21 counts of indecent dealing involving eight children – sentences of eight years imprisonment imposed concurrently on each maintaining count with lesser concurrent terms imposed on indecent dealing counts – discretionary serious violent offence declarations made on each maintaining count due to the aggravating circumstances that those children were lineal descendants, under 12 and in the applicant’s care at the time of the offences – offences occurred over a 40 year period – whether the eight year head sentence was manifestly excessive – whether the serious violent offence declarations were justifiable

Corrective Services Act 2000 (Qld), s 135(2)
Penalties and Sentences Act 1992 (Qld), s 161B(3)(b)

Griffiths v R (1989) 167 CLR 372, cited
Kellerman v Pecko [1996] QCA 366; [1998] 1 Qd R 419, cited
R v Bojovic [1999] QCA 206 [2000] 2 Qd R 183, cited
R v Collins [1998] QCA 280; [2000] 1 Qd R 45, cited
R v Daswani [2005] QCA 167; (2005) 53 ACSR 675, cited
R v Eveleigh [2002] QCA 219; [2003] 1 Qd R 398, cited
R v Ianculescu [1999] QCA 439; [2000] 2 Qd R 521, considered
R v Nagy [2003] QCA 175; [2004] 1 Qd R 63, distinguished
R v Orchard [2005] QCA 141; CA No 11 of 2005, 6 May 2005, cited
R v SAG [2004] QCA 286; (2004) 147 A Crim R 301, cited

COUNSEL:

A J Kimmins for the applicant
R G Martin SC for the respondent

SOLICITORS:

Walker Pender Solicitors for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P: I agree with Jerrard JA that the application for leave to appeal against sentence should be dismissed.  The appalling facts of the offences and the issues in this application are fully set out in Jerrard JA's reasons so that I need repeat only those necessary to briefly explain my reasons for agreeing in the order proposed.

1. The applicant had a prior conviction in 1960 when he was 19 years old for unlawful carnal knowledge of a girl under the age of 17 for which…