R v Bradford

[2007] QCA 293

SUPREME COURT OF QUEENSLAND

CITATION:

R v Bradford [2007] QCA 293

PARTIES:

R
v
BRADFORD, Carl Andrew
(applicant)

FILE NO/S:

CA No 162 of 2007

DC No 1906 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

11 September 2007

DELIVERED AT:

Brisbane

HEARING DATE:

11 September 2007

JUDGES:

McMurdo P, Muir JA and Lyons 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 against sentence allowed
3. Vary the sentences made on 4 June 2007 in each case by suspending the term of imprisonment forthwith with an operational period of 12 months to operate from 4 June 2007

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 GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES –  where applicant pleaded guilty to three counts of unlawful and indecent assault  – where applicant sentenced to 12 months imprisonment on each count – where applicant seeks leave to appeal against sentence on grounds it is manifestly excessive – whether sentence imposed is manifestly excessive

R v AQ[2003] QCA 479, distinguished
R v Demmery[2005] QCA 462, distinguished
R v Hatch[1999] QCA 495, cited
R v Hill[1995] QCA 450, cited

R v Murray[2005] QCA 188, cited

COUNSEL:

A Moynihan SC for the applicant

M J Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  Justice Muir will give his reasons first.

MUIR J:  The applicant was convicted on 4 June 2007 in the District Court on his own pleas of guilty at the beginning of the first day of his trial of three counts of unlawful and indecent assault after the Crown had agreed not to proceed on the fourth such count on the indictment.  He was sentenced to 12 months imprisonment on each count, such terms to be served concurrently.  Parole eligibility was fixed at 4 November 2007.  The applicant seeks leave to appeal against his sentence on the grounds that it is manifestly excessive. 

The complainant, who was 18 years old at the time of the offences, is the applicant's step-sister.  They had resided in the same home for seven years and prior to the events in question enjoyed a normal relationship.  The applicant was 29 at the time of the offences and 31 when sentenced. 

The subject offences were committed in the following circumstances.  On 28 August 2004 the applicant, whilst driving a car in which the complainant was a front seat passenger, unexpectedly asked the complainant to expose her breasts.  She refused.  He said that no one would know.  He then reached across, placed his hand inside her shirt…