SUPREME COURT OF QUEENSLAND
CITATION:
R v CBQ [2016] QCA 125
PARTIES:
R
v
CBQ
(applicant)FILE NO/S:
CA No 200 of 2015
DC No 750 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
District Court at Brisbane – Date of Sentence: 23 July 2014DELIVERED ON:
6 May 2016
DELIVERED AT:
Brisbane
HEARING DATE:
16 March 2016
JUDGES:
Gotterson and Philip McMurdo JJA and Boddice J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for extension of time refused.
CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHERE REFUSED – where the applicant was convicted on his own plea to 13 counts of sexual offending against one female child over a two year and four month period – where the applicant was sentenced to nine years’ imprisonment for the maintain count, six years’ imprisonment for the rape count, and shorter concurrent periods of imprisonment for the other counts – where the applicant filed an application for an extension of time within which to appeal, being approximately 12 months out of time in filing an application for leave to appeal against his sentence for the maintaining count, alleging the sentence is manifestly excessive – where it is alleged that the delay in filing the application was caused by a lack of information provided to the applicant by his previous lawyers – where it is alleged that the sentence did not account for the principle that the presence of a mental disorder lessens an offender’s moral culpability and thereby reduces the need for general deterrence in exercising the sentencing discretion – where it is alleged that the sentence did not account for the applicant’s substantial progress towards rehabilitation in the 21 years between the times of the offending and the sentence – whether there is any good reason shown to account for the delay – whether, overall, it is in the interests of justice to grant the extension
Criminal Code (Qld), s 671(1)
R v D’Arcy (2001) 122 A Crim R 268; [2001] QCA 325, considered
R v Goodger [2009] QCA 377, considered
R v L; ex parte Attorney-General [1996] 2 Qd R 63; [1995] QCA 444, considered
R v Rix[2014] QCA 278, consideredCOUNSEL:
T A Ryan for the applicant
S J Farnden for the respondentSOLICITORS:
Bosscher Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
GOTTERSON JA: The applicant, CBQ, pleaded guilty to 13 counts of offending against the one female child. One count was of maintaining a sexual relationship with her over a period of about two years and four months with circumstances of aggravation. Six counts were of indecent treatment of a child under care, two of which were when she was under 12 years of age. There was a count of rape and five counts of unlawful carnal knowledge of a…
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- AGLC
- R v CBQ [2016] QCA 125
- Case
- [2016] QCA 125
- Decision Date
CaseChat Overview and Summary
The court considered the relevant statutory provisions and case law concerning extensions of time for appeals, the principles of general deterrence and moral culpability, and the principle that rehabilitation should be considered in sentencing. The court found that the applicant had not shown any good reason to account for the delay in filing the application for an extension of time. The applicant's previous lawyers had provided him with the necessary information, and the applicant had failed to take reasonable steps to file the application within the relevant time frame. The court also found that the sentence did account for the principle that the presence of a mental disorder lessens an offender's moral culpability, and that the applicant's substantial progress towards rehabilitation was adequately considered in the sentence. The court concluded that, overall, it was not in the interests of justice to grant the extension of time for the appeal.
The court dismissed the application for an extension of time, leaving the original sentence intact. The applicant was not granted leave to appeal against his sentence for the maintaining count, and the original sentence of nine years' imprisonment for the maintaining count, six years for the rape count, and shorter concurrent terms for the other counts, remains in effect. The applicant has the option to apply for special leave to appeal to a higher court if he wishes to challenge the sentence further.
Orders
Orders of the court
Application for extension of time 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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