R v Bouttell

Case [2018] QCA 52


SUPREME COURT OF QUEENSLAND

CITATION:

R v Bouttell [2018] QCA 52

PARTIES:

R
v

BOUTTELL, David George
(applicant)

FILE NO/S:

CA No 112 of 2017
DC No 208 of 2015

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Toowoomba – Date of Sentence: 18 May 2017 (Kefford DCJ)

DELIVERED ON:

27 March 2018

DELIVERED AT:

Brisbane

HEARING DATE:

30 November 2017

JUDGES:

Holmes CJ and Fraser and Gotterson JJA

ORDER:

Application for leave to appeal refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the defendant pleaded guilty to two counts of using electronic equipment to procure a child and two counts of indecent treatment of a child under 16 – where the defendant was found guilty by a jury of a further count of indecent treatment of a child under 16 and rape – where the defendant was sentenced to six years imprisonment with statutory parole eligibility after three years – where the defendant was 18 and 19 at the time of the offences and had no criminal history – where the offences occurred over a period of five weeks – where the defendant was friends with the complainant – where the complainant was five years younger than the defendant – where there was delay in the trial, not attributable to the defendant – where the defendant was found to lack remorse – whether the sentence imposed by the sentencing judge was manifestly excessive

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, applied
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, applied
R v BBP[2009] QCA 114, cited
R v Breckenridge[1998] QCA 136, cited
R v FAK[2016] QCA 306, considered
R v HAN (2008) 184 A Crim R 153; [2008] QCA 106, considered
R v Kinersen-Smith & Connor; Ex parte Attorney-General (Qld)[2009] QCA 153, considered
R v L; ex parte Attorney-General [1996] 2 Qd R 63; [1995] QCA 444, considered
R v Lee[2012] QCA 239, distinguished
R v Lovell [1999] 2 Qd R 79; [1998] QCA 36, considered
R v MAH[2005] QCA 13, distinguished
R v Miller[2012] QCA 168, considered
R v Mules[2007] QCA 47, considered
R v Myers[2009] QCA 14, distinguished
R v Pickup[2008] QCA 350, distinguished
R v Postchild[2013] QCA 227, distinguished
R v Stephens; Ex parte Attorney-General (1994) 76 A Crim R 5; [1994] QCA 507, distinguished

COUNSEL:

S J Hamlyn-Harris for the applicant
G P Cash QC, with P J McCarthy, for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. HOLMES CJ:  I have had the advantage of reading the draft reasons for judgment of Fraser JA.  I have, however, come to a different conclusion from his Honour and Gotterson…

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Details
AGLC
R v Bouttell [2018] QCA 52
Case
[2018] QCA 52
Decision Date

CaseChat Overview and Summary

The defendant, Bouttell, appealed against the sentence imposed by the Supreme Court of Victoria, following his convictions on multiple charges of using electronic equipment to procure a child, indecent treatment of a child under 16, and rape. The appeal focused on the contention that the sentence of six years imprisonment with parole eligibility after three years was manifestly excessive.

The central legal issue before the court was whether the sentence imposed by the sentencing judge was manifestly excessive or inadequate, given the circumstances of the case. This involved a consideration of the nature and seriousness of the offences, the defendant's personal circumstances, and the principle of proportionality in sentencing.

The court examined the facts of the case, including the defendant's age at the time of the offences, his lack of criminal history, and the duration over which the crimes were committed. Despite the seriousness of the charges, the court found that the sentence was within the range of what could be considered appropriate for the crimes committed. The court also noted that the delay in the trial did not warrant a reduction in sentence, and that the lack of remorse displayed by the defendant was a relevant factor in determining the appropriate punishment. Ultimately, the court held that the sentence was not manifestly excessive and dismissed the appeal.

Orders

Orders of the court

Application for leave to appeal 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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