SUPREME COURT OF QUEENSLAND
CITATION:
R v C; ex parte A-G (Qld) [2003] QCA 134
PARTIES:
R
v
C
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 400 of 2002
DC No 186 of 2002DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
District Court at MackayDELIVERED EX TEMPORE ON:
24 March 2003DELIVERED AT:
Brisbane
HEARING DATE:
24 March 2003
JUDGES:
de Jersey CJ, Jerrard JA and White J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS: 1. Allow the appeal and set aside the order in respect of count 1 of imprisonment for nine years and the recommendation that post prison community based release be considered after four years
2. In lieu thereof, order that the respondent be imprisoned for 10 years with a declaration that the respondent has been convicted of a serious violent offence3. Confirm the sentences imposed in the District Court on 1 November 2002 in respect of counts 2, 3 and 4
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where numerous acts of non-consensual sexual intercourse over a two and a half year period – where respondent was complainant’s father and sole carer – where respondent pleaded guilty very early
Penalties and Sentences Act 1992 (Qld), pt 9A
R v G [2000] QCA 70; CA No 218 of 1999, 15 March 2000, considered
R v Herford [2001] QCA 177; CA No 335 of 2001, 11 May 2001, considered
R v K CA No 13 of 1991, 28 March 1991, considered
R v L [1999] QCA 423; CA No 242 of 1999, 7 October 1999, considered
R v M [1999] QCA 344; CA No 219 of 1999, 20 August 1999, considered
R v Myers [2002] QCA 143; CA No 353 of 2002, 19 April 2002, considered
R v R [2000] QCA 279; CA No 126 of 2000, 14 July 2000, considered
R v TWB [2001] QCA 111; CA No 355 of 2000, 22 March 2001, considered
R v Young; ex parte A-G (Qld) [2002] QCA 474; CA No 244 of 2002, 5 November 2002, consideredCOUNSEL:
M J Copley for the appellant
A W Moynihan for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent
THE CHIEF JUSTICE: The respondent pleaded guilty to the offence of maintaining a sexual relationship with a child with a circumstance of aggravation. He committed this offence upon his daughter over a two and a half year period while she was aged 13 to 16 years. He was then her sole carer, the mother having departed the domestic situation some time earlier.
The respondent was aged 30 to 33 years. For…
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- AGLC
- R v C; ex parte [2003] QCA 134
- Case
- [2003] QCA 134
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the original sentence of nine years imprisonment, with the recommendation that post-prison community-based release be considered after four years, was appropriate in the circumstances of the case. The court had to consider the severity of the crimes, the relationship between the offender and the victim, and the potential impact of the sentence on public confidence in the criminal justice system.
The court found that the original sentence did not adequately reflect the seriousness of the crimes, particularly given the relationship between the offender and the victim and the prolonged nature of the abuse. The court determined that a more severe sentence was warranted to achieve the aims of denunciation and deterrence. Accordingly, the appeal was allowed, and the original sentence was set aside. In its place, the court ordered that the respondent be imprisoned for 10 years, with a declaration that the respondent had been convicted of a serious violent offence. The sentences imposed on counts 2, 3, and 4 were confirmed as appropriate.
Orders
Orders of the court
1. Allow the appeal and set aside the order in respect of count 1 of imprisonment for nine years and the recommendation that post prison community based release be considered after four years
2. In lieu thereof, order that the respondent be imprisoned for 10 years with a declaration that the respondent has been convicted of a serious violent offence
3. Confirm the sentences imposed in the District Court on 1 November 2002 in respect of counts 2, 3 and 4
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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