R v BAY

Case [2005] QCA 427 18 November 2005

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SUPREME COURT OF QUEENSLAND

CITATION:

R v BAY [2005] QCA 427

PARTIES:

R
v
BAY
(applicant/appellant)

FILE NO/S:

CA No 110 of 2005
DC No 110 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

18 November 2005

DELIVERED AT:

Brisbane

HEARING DATE:

31 October 2005

JUDGES:

McMurdo P, Jerrard JA and Atkinson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. Application for leave to appeal against sentence granted

2. Appeal allowed to the extent of setting aside the sentence of 12 years and substituting in lieu thereof imprisonment for a period of 10 years on count one and setting aside the sentence of 10 years and substituting in lieu thereof imprisonment for a period of 8 years on counts 2-37

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – MISCELLANEOUS MATTERS – MAXIMUM SENTENCE – GENERALLY – where applicant convicted of one count of maintaining a relationship with a child under the age of 16 years with circumstances of aggravation, three counts of incest, four counts of sexual assault and 29 counts of indecent treatment of a child under 16 years – where the penalty for maintaining a sexual relationship with a child was increased twice during the period of the offending – whether the sentence was manifestly excessive

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – MISCELLANEOUS MATTERS – PLEA OF GUILTY, CONTRITION AND CO-OPERATION – where the applicant pleaded guilty after the trial had commenced but meant that the complainant and her family were not required to give evidence – where the means of mitigating the sentence are limited as the applicant is convicted of a serious violent offence and must serve 80 per cent of the sentence – amelioration of the sentence requires a reduction to the head sentence

Criminal Code 1899 (Qld), s 222, s 229B
Penalties and Sentences Act 1992 (Qld), s 13

Cameron v The Queen (2002) 209 CLR 339, considered
R v AP [2003] QCA 445; CA No 435 of 2002 and 133 of 2003, 17 October 2003, considered
R v B [1999] QCA 372; CA No 394 of 1998, 10 September 1999, considered
R v BAW [2005] QCA 334; CA No 116 of 2005, 9 September 2005, considered
R v D [2003] QCA 426; CA No 211 of 2003, 25 September 2003, considered
R v DAF [2004] QCA 368; CA No 237 of 2004, 8 October 2004, considered
R v F [1996] QCA 490; CA No 418 of 1996, 6 December 1996, considered
R v GQ [2005] QCA 53; CA No 430 of 2004, 4 March 2005, considered
R v Hoban [2000] QCA 384; CA No 173 of 2000, 22 September 2000, considered
R v KAI [2002] QCA 378; CA No 201…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v BAY

Details

AGLC: R v BAY [2005] QCA 427
Case: [2005] QCA 427
Decision Date: 18 November 2005

CaseChat Overview and Summary

The applicant was convicted of one count of maintaining a relationship with a child under the age of 16 years with circumstances of aggravation, three counts of incest, four counts of sexual assault and 29 counts of indecent treatment of a child under 16 years. The applicant applied for leave to appeal against sentence, claiming that the sentence of 12 years imprisonment for the first count and 10 years for the remaining counts was manifestly excessive and should be reduced. The applicant also claimed that the sentence should have reflected the fact that he entered a plea of guilty after the trial had commenced, which meant that the complainant and her family were not required to give evidence.

The legal issues for the court to decide were whether the sentence was manifestly excessive and whether the sentence should have reflected the applicant's plea of guilty. The court noted that the penalty for maintaining a sexual relationship with a child was increased twice during the period of the offending. The court also noted that the applicant's means of mitigating the sentence were limited as he was convicted of a serious violent offence and must serve 80 per cent of the sentence. The court further noted that amelioration of the sentence required a reduction to the head sentence.

The court held that the sentence was manifestly excessive and should be reduced. The court held that the sentence should have reflected the applicant's plea of guilty, which meant that the complainant and her family were not required to give evidence. The court held that the sentence should be reduced to 10 years imprisonment for the first count and 8 years for the remaining counts. The court allowed the appeal and set aside the sentence, substituting in lieu thereof imprisonment for a period of 10 years on count one and setting aside the sentence of 10 years and substituting in lieu thereof imprisonment for a period of 8 years on counts 2-37.

Orders

Orders of the court

1. Application for leave to appeal against sentence granted

2. Appeal allowed to the extent of setting aside the sentence of 12 years and substituting in lieu thereof imprisonment for a period of 10 years on count one and setting aside the sentence of 10 years and substituting in lieu thereof imprisonment for a period of 8 years on counts 2-37

Background

Background to the litigation

Full text does not contain this section.

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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Actions

Citations

R v BAY [2005] QCA 427

Most Recent Citation

R v SAU [2006] QCA 192

Cases Citing This Decision

R v BDU [2022] QCA 174
Citation 1 (Para 9)

…of time over which the offending occurred in this case is that it essentially robbed the complainant of the whole of her childhood.” [21] R v BAY [2005] QCA 427, [44].…
R v Nac [2022] QCA 120
Citation 2 (Para 5)

…offence, producing the consequence that he would be liable to serve 80 per cent of the sentence before eligibility for release on parole. [6] R v BAY [2005] QCA 427, R v BBM [2008] QCA 162, R v PAK [2010] QCA 187, R v BCA [2011] QCA 278 and R v RAZ; Ex parte Attorney-General (Qld) [2018] QCA 178.…
R v CCR [2021] QCA 119
Citation 3 (Para 19)

…f course that was still proportionately a higher reduction than in the present case, but the difference does not matter for present purposes. [13][2005] QCA 427; (2005) 157 A Crim R 309. [14][2005] QCA 427; (2005) 157 A Crim R 309 at 320 [55] per Atkinson J (McMurdo P agreeing).…
R v Crothers (a pseudonym) [2020] QCA 268
Citation 4 (Para 17)

…9] Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, at 41 per Mason J. [10]Applicant’s Outline, paragraph [28]. [11][2005] QCA 427, at [53].…
R v Taj [2018] QCA 305
Citation 5 (Para 11)

…tences of nine and 10 years imprisonment respectively, are more comparable.[15] [10][2009] 2 Qd R 276; [2008] QCA 370. [11](2005) 157 A Crim R 309; [2005] QCA 427. [12][2000] QCA 279. [13][2011] QCA 278. [14][2004] QCA 445. [15]The respondent submits that the applicant’s sentence “sits comfortably within a reason…
R v HBT [2018] QCA 227
Citation 6 (Para 35)

…eceived 12 years’ imprisonment. The plea and demonstrated remorse set BAY apart from a case such as the present. [92](2005) 157 A Crim R 309; [2005] QCA 427. [93] R v BAY at [44].…
R v Raz; Ex parte [2018] QCA 178
Citation 7 (Para 15)

…merous occasions of having carnal knowledge. The sentence was imposed after a guilty plea. The plea reduced the head sentence from 12 to 10 years. [3][2005] QCA 427.…
R v SCQ [2017] QCA 49
Citation 8 (Para 25)

…occurred, the young age of the complainant when it commenced, and the regularity of sexual intercourse over almost two years of the relationship. [88][2005] QCA 427. [89][2006] QCA 192.…
R v CBG [2013] QCA 44
Citation 9 (Para 52)

…[9][2002] QCA 221 at p6; see also R v BAY [2005] QCA 427 at [52]-[53].…
R v DBC; ex parte [2012] QCA 203
Citation 10

…“Analysis of numerous authorities has been conducted in some detail in cases such as R v SAG and R v BAY [2005] QCA 427. Repetitive analysis of them is unnecessary. The cases generally and others particularly referred to by counsel, some of which were pleas of guilty and some of which involved a late plea or a pl…
R v Hav [2009] QCA 259
Citation 11 (Para 1)

…t. The complainant was the applicant's stepdaughter. The offences spanned a 10 year period commencing when the complainant was seven years of age. [9][2005] QCA 427.…
R v AAI [2009] QCA 253
Citation 12 (Para 1)

…ecutor’s submission in seeking a sentence of 10 to 12 years that the digital rape carried out by the applicant was as serious as penile rape. [12][2005] QCA 427. [13][2005] QCA 442. [14]In his written submissions the applicant wrote, “(he also mentions during the first part of the preceding [sic] ‘I could never u…
R v MBG and mbH [2009] QCA 252
Citation 13 (Para 1)

…TR & FV; ex parte A-G (Qld) [2008] QCA 221; R v BBM [2008] QCA 162; R v HAP [2008] QCA 137; R v DAF [2004] QCA 368; R v BAX [2005] QCA 365; R v BAY [2005] QCA 427; R v BAO [2004] QCA 445; and R v R [2000] QCA 279. All involved offenders who had pleaded guilty. Those cases were worse, the applicants said, because…
R v ZA; ex parte A-G (Qld) [2009] QCA 249
Citation 14

…“Analysis of numerous authorities has been conducted in some detail in cases such as R v SAG and R v BAY [2005] QCA 427. Repetitive analysis of them is unnecessary. The cases generally and others particularly referred to by counsel, some of which were pleas of guilty and some of which involved a late plea or a pl…
R v SBJ [2009] QCA 100
Citation 15 (Para 1)

…ty date at four years rather than the three years sought by the defence which reflected the range suggested by previous decisions of this court. [3][2005] QCA 427. [4][2004] QCA 286; (2004) 147 A Crim R 301 . [5][2006] QCA 192.…
R v TS [2008] QCA 370
Citation 16 (Para 1)

…Analysis of numerous authorities has been conducted in some detail in cases such as R v SAG and R v BAY [2005] QCA 427. Repetitive analysis of them is unnecessary. The cases generally and others particularly referred to by counsel,[5] some of which were pleas of guilty and some of which involved a late plea or a…
R v RAC [2008] QCA 185
Citation 17 (Para 1)

…tencing judge’s starting point of 12 years imprisonment after a trial was too high. He has referred us to R v S , R v BAY[5] and R v SAK . [6] [5][2005] QCA 427. [6][2004] QCA 379.…
R v BBM [2008] QCA 162
Citation 18 (Para 1)

…In R v BAY [2005] QCA 427 this Court allowed an application for leave to appeal against a sentence of 12 years imprisonment for an offence of maintaining an unlawful sexual relationship with a child under the age of 16 years and substituted a sentence of 10 years imprisonment on that count. A term of eight years…
R v HAP [2008] QCA 137
Citation 19

…C and PAD , considered together with the two other cases to which we have been referred, R v SAG [2004] (2004) 147 A Crim R 301; QCA 286 and R v BAY [2005] QCA 427, support a sentence in the present case on each of the charges of maintaining of 11 years imprisonment and sentences in respect of each of the counts…
R v PAD [2006] QCA 398
Citation 20 (Para 1)

…mmencement of the trial. In light of that plea, the sentence was reduced to 10 years, to which an automatic serious violent declaration applied. [6][2005] QCA 427; CA No 110 of 2005, 18 November 2005.…
R v SAU [2006] QCA 192
Citation 21

…cant’s daughter – where she was 14 when applicant’s offending began – whether sentence was manifestly excessive R v BAY [2005] QCA 427; CA No 110 of 2005, 18 November 2005, considered R v H [2003] QCA 392; CA No 171 of 2003, 12 September 2003, considered R v L [2002] QCA 268; CA No 80 of 2002, 26 July 2002, consi…

See all citing cases →

Cases Cited

York v The Queen [2005] HCA 60
Citation 1 (Para 1)

…he child of being cross-examined on such matters is of some real significance. [21] Cameron v The Queen (supra) at 357-60 [65]. [22] York v The Queen [2005] HCA 60.…
R v BAW [2005] QCA 334
Citation 2 (Para 1)

…On the other hand, this Court remarked with ample justification in R v BAW [2005] QCA 334, that a sentence of eight years imprisonment was a light sentence. The offender pleaded guilty to sexual offences against various children which took place over 40 years of offending, and included offences against his grandd…
R v GQ [2005] QCA 53
Citation 3 (Para 1)

…Another comparable case is R v GQ [2005] QCA 53 where the Court of Appeal refused an application for leave to appeal against a sentence of 10 years imposed in respect of a charge of maintaining a sexual relationship with a child with circumstances of aggravation. He was sentenced to lesser periods of imprisonmen…
R v BAO [2004] QCA 445
Citation 4 (Para 1)

…ildhood. [4][1999] QCA 423. [5][2000] QCA 279. [6][2002] QCA 474; (2002) 135 A Crim R 253 [7][2003] QCA 68. [8][2003] QCA 134. [9][2003] QCA 392. [10][2004] QCA 445.…
R v DAF [2004] QCA 368
Citation 5 (Para 1)

…In R v DAF [2004] QCA 368, the Court of Appeal held that a sentence of 12 years imprisonment was not manifestly excessive for sexual offences which took place over a period of ten and a half years involving six children. He pleaded guilty to the offences. That case was more serious than the present case because o…
R v SAG [2004] QCA 286
Citation 6 (Para 1)

…There are many cases in which, as Jerrard JA observed in R v SAG [2004] QCA 286 at [18], a lengthy sentence has been upheld or imposed on appeal where an offender has been convicted in respect of one child victim only. These include cases where a sexual relationship has been maintained, as it was in this case, fo…
R v Woods [2004] QCA 204
Citation 7 (Para 1)

…with the prosecuting authorities. Thirdly, it saves the prosecution witnesses from having to give evidence and be cross-examined.[20] [15] R v Woods [2004] QCA 204 at [8]-[10]. [16] Cameron v The Queen (2002) 209 CLR 339 at 343 [11]; 350 [39]. [17] Siganto v The Queen (1998) 194 CLR 656 at 663-664 [22]. [18] Sig…
R v LJ [2004] QCA 114
Citation 8 (Para 1)

…rth to his child. He showed no remorse. The Court of Appeal reduced his sentence from fifteen years to 14 years imprisonment.[3] [3]See also R v LJ [2004] QCA 114.…
R v AP [2003] QCA 445
Citation 9 (Para 1)

…A more recent case which appears to be worse than the present case is R v AP [2003] QCA 445. The applicant was convicted after trial of one count of maintaining an unlawful sexual relationship with a child under 16 with a circumstance of aggravation; one count of indecent dealing with a child under 12 under his c…
R v D [2003] QCA 426
Citation 10 (Para 1)

…Another comparable case is R v D [2003] QCA 426. In that case a sentence of 10 years imprisonment, after a plea of guilty on an ex officio indictment, on one count of maintaining an unlawful relationship of a sexual nature with a child under 16 years with circumstances of aggravation was held not to be manifestly…
R v H [2003] QCA 392
Citation 11 (Para 1)

…the whole of her childhood. [4][1999] QCA 423. [5][2000] QCA 279. [6][2002] QCA 474; (2002) 135 A Crim R 253 [7][2003] QCA 68. [8][2003] QCA 134. [9][2003] QCA 392. [10][2004] QCA 445.…
R v R [2003] QCA 285
Citation 12 (Para 1)

…ears but he had not been convicted with the offence here under consideration, maintaining with circumstances of aggravation.[13] [13]See also R v R [2003] QCA 285.…
R v C; ex parte [2003] QCA 134
Citation 13 (Para 1)

…the complainant of the whole of her childhood. [4][1999] QCA 423. [5][2000] QCA 279. [6][2002] QCA 474; (2002) 135 A Crim R 253 [7][2003] QCA 68. [8][2003] QCA 134. [9][2003] QCA 392. [10][2004] QCA 445.…
R v B [2003] QCA 68
Citation 14 (Para 1)

…essentially robbed the complainant of the whole of her childhood. [4][1999] QCA 423. [5][2000] QCA 279. [6][2002] QCA 474; (2002) 135 A Crim R 253 [7][2003] QCA 68. [8][2003] QCA 134. [9][2003] QCA 392. [10][2004] QCA 445.…
R v Young; ex parte [2002] QCA 474
Citation 15 (Para 1)

…offending occurred in this case is that it essentially robbed the complainant of the whole of her childhood. [4][1999] QCA 423. [5][2000] QCA 279. [6][2002] QCA 474; (2002) 135 A Crim R 253 [7][2003] QCA 68. [8][2003] QCA 134. [9][2003] QCA 392. [10][2004] QCA 445.…
R v KAI [2002] QCA 378
Citation 16 (Para 1)

…In R v D , Holmes J referred to R v B and R v KAI [2002] QCA 378, where the complainant’s step-daughter was impregnated but the offences occurred over a somewhat shorter period. In R v KAI , Williams JA held:[14]…
R v Myers [2002] QCA 143
Citation 17

…sed on appeal, included the matters of R v S [1993] QCA 367 (15 years); R v L [1999] QCA 423 (11 years); R v R [2000] QCA 279 (11 years); R v Myers [2002] QCA 143 (11 years); R v Young; ex parte A-G (Qld) (2002) 135 A Crim R 253 (10 years); R v C; ex parte A-G (Qld) [2003] QCA 134 (10 years); R v H [2003] QCA 392…
Cameron v the Queen [2002] HCA 6
Citation 18 (Para 1)

…the prosecution witnesses from having to give evidence and be cross-examined.[20] [15] R v Woods [2004] QCA 204 at [8]-[10]. [16] Cameron v The Queen (2002) 209 CLR 339 at 343 [11]; 350 [39]. [17] Siganto v The Queen (1998) 194 CLR 656 at 663-664 [22]. [18] Siganto v The Queen (supra) at [22]. [19] Cameron v The Quee…
R v S [2001] QCA 54
Citation 19 (Para 1)

…would otherwise be imposed of voluntarily confessing where the offending would not otherwise have been exposed: R v S ;[11] AB v The Queen .[12] [11][2001] QCA 54. [12](1999) 198 CLR 111 at 147-148.…
R v Hoban [2000] QCA 384
Citation 20 (Para 1)

…A sentence of eight and a half years imprisonment was held not to be manifestly excessive in R v Hoban [2000] QCA 384. That case involved serious sexual offending against the offender’s step-daughter over nine years but he had not been convicted with the offence here under consideration, maintaining with circumst…
R v R [2000] QCA 279
Citation 21 (Para 1)

…ime over which the offending occurred in this case is that it essentially robbed the complainant of the whole of her childhood. [4][1999] QCA 423. [5][2000] QCA 279. [6][2002] QCA 474; (2002) 135 A Crim R 253 [7][2003] QCA 68. [8][2003] QCA 134. [9][2003] QCA 392. [10][2004] QCA 445.…
R v L [1999] QCA 423
Citation 22 (Para 1)

…of the length of time over which the offending occurred in this case is that it essentially robbed the complainant of the whole of her childhood. [4][1999] QCA 423. [5][2000] QCA 279. [6][2002] QCA 474; (2002) 135 A Crim R 253 [7][2003] QCA 68. [8][2003] QCA 134. [9][2003] QCA 392. [10][2004] QCA 445.…
R v B [1999] QCA 372
Citation 23 (Para 1)

…A comparable case referred to by the parties was R v B [1999] QCA 372. This Court upheld a sentence of 12 years imprisonment for the offence of maintaining and reduced sentences in respect of individual counts of unlawful carnal knowledge to nine years imprisonment. The offending took place over nine years by a m…
AB v The Queen [1999] HCA 46
Citation 24 (Para 1)

…imposed of voluntarily confessing where the offending would not otherwise have been exposed: R v S ;[11] AB v The Queen .[12] [11][2001] QCA 54. [12](1999) 198 CLR 111 at 147-148.…
Siganto v the Queen [1998] HCA 74
Citation 25 (Para 1)

…-examined.[20] [15] R v Woods [2004] QCA 204 at [8]-[10]. [16] Cameron v The Queen (2002) 209 CLR 339 at 343 [11]; 350 [39]. [17] Siganto v The Queen (1998) 194 CLR 656 at 663-664 [22]. [18] Siganto v The Queen (supra) at [22]. [19] Cameron v The Queen (supra). [20] Cameron v The Queen (supra) at 361 [67].…
R v F [1996] QCA 490
Citation 26 (Para 1)

…The cases relied upon by the applicant included R v F [1996] QCA 490 where a sentence of eight and a half years for rape was upheld. In that case the complainant was 13 years old and the relationship continued for only eight months. It is not therefore in any real sense comparable. Other cases referred to by the…
R v S [1993] QCA 367
Citation 27 (Para 1)

…In R v S [1993] QCA 367 the Court allowed an appeal against sentence and reduced a sentence of 20 years to that of 15 years. In that case the applicant had pleaded guilty to maintaining an unlawful sexual relationship with his natural daughter over a four year period commencing when she was four years old. The ap…

Legislation Cited

Penalties and Sentences Act 1992 (Qld) 13
2 mentions (from Para 1)
Criminal Law Amendment Act 1997 (Qld) 33
1 mention (from Para 1)
Sexual Offences (Protection of Children) Amendment Act 2003 (Qld)
1 mention (from Para 1)

CITATION:	R v BAY [2005] QCA 427
PARTIES:	R v BAY (applicant/appellant)
FILE NO/S:	CA No 110 of 2005 DC No 110 of 2005
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Townsville
DELIVERED ON:	18 November 2005
DELIVERED AT:	Brisbane
HEARING DATE:	31 October 2005
JUDGES:	McMurdo P, Jerrard JA and Atkinson J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:	1. Application for leave to appeal against sentence granted 2. Appeal allowed to the extent of setting aside the sentence of 12 years and substituting in lieu thereof imprisonment for a period of 10 years on count one and setting aside the sentence of 10 years and substituting in lieu thereof imprisonment for a period of 8 years on counts 2-37
CATCHWORDS:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – MISCELLANEOUS MATTERS – MAXIMUM SENTENCE – GENERALLY – where applicant convicted of one count of maintaining a relationship with a child under the age of 16 years with circumstances of aggravation, three counts of incest, four counts of sexual assault and 29 counts of indecent treatment of a child under 16 years – where the penalty for maintaining a sexual relationship with a child was increased twice during the period of the offending – whether the sentence was manifestly excessive CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – MISCELLANEOUS MATTERS – PLEA OF GUILTY, CONTRITION AND CO-OPERATION – where the applicant pleaded guilty after the trial had commenced but meant that the complainant and her family were not required to give evidence – where the means of mitigating the sentence are limited as the applicant is convicted of a serious violent offence and must serve 80 per cent of the sentence – amelioration of the sentence requires a reduction to the head sentence Criminal Code 1899 (Qld), s 222, s 229B Penalties and Sentences Act 1992 (Qld), s 13 Cameron v The Queen (2002) 209 CLR 339, considered R v AP [2003] QCA 445; CA No 435 of 2002 and 133 of 2003, 17 October 2003, considered R v B [1999] QCA 372; CA No 394 of 1998, 10 September 1999, considered R v BAW [2005] QCA 334; CA No 116 of 2005, 9 September 2005, considered R v D [2003] QCA 426; CA No 211 of 2003, 25 September 2003, considered R v DAF [2004] QCA 368; CA No 237 of 2004, 8 October 2004, considered R v F [1996] QCA 490; CA No 418 of 1996, 6 December 1996, considered R v GQ [2005] QCA 53; CA No 430 of 2004, 4 March 2005, considered R v Hoban [2000] QCA 384; CA No 173 of 2000, 22 September 2000, considered R v KAI [2002] QCA 378; CA No 201…