SUPREME COURT OF QUEENSLAND
CITATION:
R v Byrnes; ex parte A-G (Qld) [2011] QCA 40
PARTIES:
R
v
BYRNES, Gerard Vincent
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 246 of 2010
DC No 894 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
District Court at Toowoomba
DELIVERED ON:
11 March 2011
DELIVERED AT:
Brisbane
HEARING DATE:
17 February 2011
JUDGES:
Chief Justice and Muir and White JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where respondent pleaded guilty to serious violent offences of a sexual nature against complainants under 12 years of age – where respondent sentenced to 10 years imprisonment – where appellant submitted that sentence failed to give weight to the seriousness of offending, number of complainants and position of authority of the respondent – whether sentence manifestly inadequate
Criminal Code 1899 (Qld), s 669A
Penalties and Sentences Act 1992 (Qld), s 161A, s 161BAB v The Queen (1999) 198 CLR 111; [1999] HCA 46, cited
R v D [2003] QCA 88, distinguished
R v D’Arcy (2001) 122 A Crim R 268; [2001] QCA 325, considered
R v Ellis (1986) 6 NSWLR 603, cited
R v HAV [2009] QCA 259, followed
R vMBG & MBH [2009] QCA 252, distinguished
R v TS [2009] 2 Qd R 276; [2008] QCA 370, followed
R v ZA; ex parte A-G (Qld)[2009] QCA 249, distinguishedCOUNSEL:
A W Moynihan SC, with A D Anderson, for the appellant
M J Byrne QC for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Peter Shields Lawyers for the respondent
[1] CHIEF JUSTICE: I have had the advantage of reading the reasons for judgment of Muir JA. I agree that the appeal should be dismissed, for those reasons.
[2] MUIR JA:Introduction The respondent pleaded guilty to one count of maintaining an unlawful sexual relationship, 10 counts of rape and 33 counts of indecent treatment of a child under 16 with the circumstance of aggravation that the complainant was under 12 years of age. He was sentenced to 10 years imprisonment for each of the maintaining and rape offences and to seven years imprisonment for each of the indecent treatment offences. Each term of imprisonment was ordered to be served concurrently. By operation of ss 161A and 161B of the Penalties and Sentences Act 1992 (Qld), the respondent was convicted of serious violent offences with the consequence that he was required to serve 80 per cent of the head sentence of 10 years before becoming eligible for parole.
[3] The appellant Attorney-General appealed on the grounds that the sentences imposed were inadequate.
The circumstances of the offending
[4] The subject offences were committed over a…
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- Case
- [2011] QCA 40
- Decision Date
CaseChat Overview and Summary
The Court of Appeal considered the severity of the crimes and the need to ensure public protection and deterrence. It examined the sentencing principles applicable to such offences, including the need to reflect the gravity of the offending and the culpability of the offender. The Court noted that the sentencing judge had taken into account the serious nature of the offences, the vulnerability of the victims, and the respondent's position of trust. However, the Attorney-General argued that the sentence did not adequately reflect the seriousness of the offending and the number of complainants.
After reviewing the case, the Court of Appeal determined that the sentence was not manifestly inadequate. The Court found that the sentencing judge had appropriately considered the relevant factors and had imposed a sentence that was commensurate with the gravity of the offences. The Court held that the sentence reflected the seriousness of the crimes and the need to protect the community and deter similar offences. Consequently, the appeal was dismissed, and the original sentence was upheld.
The final orders of the Court of Appeal were that the appeal be dismissed and the sentence of 10 years imprisonment remain in place. The Court emphasized the importance of ensuring that sentences for serious violent offences adequately reflect the gravity of the offending and protect the community. However, in this case, the Court found that the sentence imposed was appropriate and did not need to be altered.
Orders
Orders of the court
Appeal dismissed
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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