R v BBY

[2011] QCA 69

SUPREME COURT OF QUEENSLAND

CITATION:

R v BBY [2011] QCA 69

PARTIES:

R
v
BBY
(applicant)

FILE NO/S:

CA No 237 of 2010
DC No 1511 of 2010
DC No 1512 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

15 April 2011

DELIVERED AT:

Brisbane

HEARING DATE:

4 April 2011

JUDGES:

Fraser JA, Margaret Wilson AJA and Atkinson 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 refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted on his own pleas of guilty on 41 counts of sexual offences against nine different children and sentenced to 14 and a half years imprisonment – where the applicant submitted his pleas of guilty and age and health considerations ought to have resulted in a reduction of at least one third of the head sentence – whether the reduction in sentence was adequate to give effect to the matters in mitigation – whether the sentence was manifestly excessive

R v G[2002] QCA 381, cited
R v L[2002] QCA 377, cited
R v LS[2006] QCA 354, cited
R v Robinson [2007] QCA 99, considered
R v Ruhland[1999] QCA 430, considered
R v SAG (2004) 147 A Crim R 301; [2004] QCA 286, considered
R v Wark[2008] QCA 172, considered

COUNSEL:

P E Smith for the applicant
M J Copley SC for the respondent

SOLICITORS:

Gilshenan & Luton for the applicant
Director of Public Prosecutions (Queensland) for the respondent

[1]      FRASER JA: I agree that the application should be refused for the reasons given by Atkinson J.

[2]      MARGARET WILSON AJA:  I would dismiss the application for leave to appeal against sentence for the reasons given by Atkinson J.

[3]      ATKINSON J:  The applicant was convicted on his own pleas of guilty on 2 September 2010 on 41 counts of sexual offences against children.  His offending was persistent, prolonged and degrading sexual offending against nine different children.

[4]      On the first indictment he was convicted on five counts of maintaining a sexual relationship with a child, eight counts of indecent treatment of a child under 16, under 12, two counts of attempted rape, 23 counts of rape, one count of sodomy and one count of carnal knowledge of a child under 16 years.  On a second indictment he was convicted on one count of maintaining a sexual relationship with a child.

[5]      The maximum penalty for an adult maintaining an unlawful sexual relationship with a child is life imprisonment; for rape, life imprisonment; for indecent treatment of a child under 12, 20 years imprisonment; for attempted rape, 14 years imprisonment; for unlawful sodomy of a person under 18 years, 14 years imprisonment; and for…