R v CCR

[2021] QCA 119

SUPREME COURT OF QUEENSLAND

CITATION:

R v CCR [2021] QCA 119

PARTIES:

R
v
CCR
(applicant)

FILE NO/S:

CA No 191 of 2019
DC No 2567 of 2018

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane – Date of Sentence: 21 June 2019 (Koppenol DCJ)

DELIVERED ON:

1 June 2021

DELIVERED AT:

Brisbane

HEARING DATE:

20 November 2020

JUDGES:

Fraser and McMurdo JJA and Henry J

ORDER:

Application for leave to appeal is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two counts of maintaining a sexual relationship with a child, two counts of rape and 22 counts of the indecent treatment of a child – where the applicant was sentenced to 14 years’ imprisonment – whether the applicant’s plea of guilty was given sufficient weight – whether the sentence was manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 13

R v BAY (2005) 157 A Crim R 309; [2005] QCA 427, considered
R v Coutts[2016] QCA 206, applied
R v H[2001] QCA 167, considered
R v KAI[2002] QCA 378, considered
R v Robinson[2007] QCA 99, considered
R v TS (2008) 191 A Crim R 220; [2008] QCA 370, considered
R v Ungvari[2010] QCA 134, considered
R v Young; Ex parte Attorney-General (Qld) (2002) 135 A Crim R 253; [2002] QCA 474, considered

COUNSEL:

S C Holt QC for the applicant
S Cupina for the respondent

SOLICITORS:

Owens and Associates for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. THE COURT: The applicant pleaded guilty in the District Court to two counts of maintaining a sexual relationship with a child, two counts of rape and 22 counts of the indecent treatment of a child. There were four child complainants, and the offending occurred in a period between early 2003 and February 2016. The applicant was sentenced to concurrent terms of imprisonment, the longest being a term of 14 years for one of the offences of maintaining a sexual relationship. That offence, and the other offence of the same kind (for which a term of 10 years was imposed) were necessarily declared to have been serious violent offences according to s 161A(a) of the Penalties and Sentences Act 1992 (Qld). A period of 683 days was declared as pre-sentence custody which had been served.

2. The application is for leave to appeal against the sentence of 14 years, to the end that the sentence should be reduced to 10 and a half years.  The proposed appeal is upon two grounds, namely that the sentence is manifestly excessive and that the sentencing judge erred in giving inadequate weight to the applicant’s plea of guilty.

   The facts

3. The facts of the offending were not in dispute.  The applicant committed sexual offences against four girls who were the daughters of two of his de facto partners.