R v Colless - [2009] QDC 283

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Colless [2009] QDC 283

PARTIES:

R

V

LUKE JAMES COLLESS

FILE NO/S:

Indictment No. 2051 of 2009

DIVISION:

Criminal

PROCEEDING:

Sentence

ORIGINATING COURT:

Brisbane District Court

DELIVERED ON:

28 August 2009

DELIVERED AT:

Brisbane

HEARING DATE:

27, 28 August 2009

JUDGE:

Irwin DCJ

ORDER:

1.        On all counts a conviction is recorded.

2.        On each of Counts 2, 7, 11, 16 and 18 (rape), sentenced to 25 years’ imprisonment.

3.        On each of Counts 4, 6, 8, 10 and 15 (assault with intent to commit rape), sentenced to 10 years’ imprisonment.

4.        One each of Counts 1, 3, 5, 9, 12 and 17 (sexual assault), sentenced to 5 years’ imprisonment.

5.        On each of Counts 13 and 14 (assault occasioning bodily harm), sentenced to 3 years’ imprisonment.

6.        All terms of imprisonment to be served concurrently.

7.        I state that the dates that the prisoner has been held in presentence custody for these offences and for no other reason is from and including 16 July 2008 to and including 28 August 2009, being a total of 408 days. I declare that 408 days to be imprisonment already served under the sentence.

8.        I declare in relation to the convictions for rape and assault with intent to commit rape that they are to be convictions of a serious violent offence in each case.

9.        I recommend that the High Intensity Sexual Offenders’ Program be made available to the prisoner by Queensland Corrective Services as a matter of priority.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – 5 Counts of Rape, 5 counts of assault with intent to commit rape, 6 counts of sexual assault and 2 counts of assault occasioning bodily harm – where prisoner attacked 11 women in public places over a 27 month period – where the rapes were committed by digital penetration of the vagina and the anus – where prisoner pleaded guilty on ex‑officio indictment, co-operated with the administration of justice and demonstrated remorse and contrition – where the prisoner had a mixed personality disorder with strong obsessive compulsive traits and a paraphilia involving recurrent sexual urges in relation to non-consenting persons resulting in an uncontrollable compulsion to violently attack and rape women in public places – where there was expert opinion that the prisoner’s risk of re-offending would be low if he successfully participated in a high intensity sexual offenders program – where the Crown submitted that the appropriate penalty for the criminality in this course of conduct was life imprisonment – principles of sentencing – factors to be taken into account – whether the course of conduct fell into the worst category of this type of offending

Corrective Services Act 2006, s 181(3), s 181(2)

R v Atwell [2000] QCA 266, cited

R v Bulger [1990] 2 Qd R 559, cited

Reg. v Breckenridge [1966] Qd R 189, cited

R v Buckley [2008] QCA 45, cited

R v Burley; ex parte Attorney-General of Queensland [1998] QCA 098,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Colless

Details

AGLC: R v Colless [2009] QDC 283
Case: [2009] QDC 283
Decision Date: 28 August 2009

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v Colless involved an individual who pleaded guilty to a series of serious sexual offences, including multiple counts of rape, assault with intent to commit rape, sexual assault, and assault occasioning bodily harm. The accused had attacked 11 women in public places over a span of 27 months. The court needed to determine the appropriate sentence for the extensive and violent nature of the crimes committed, considering the personal circumstances of the accused and the factors that might mitigate the severity of the punishment.

The legal issues before the court included assessing the nature and extent of the accused's criminal conduct, the appropriate weight to give to mitigating factors such as the accused's cooperation with authorities and expressions of remorse, and the potential for rehabilitation through participation in a high-intensity sexual offenders' program. The court also had to consider the Crown's submission that the appropriate penalty for such severe criminal conduct was life imprisonment.

The court acknowledged the seriousness of the crimes, noting the uncontrollable compulsion and violent nature of the attacks. Despite this, the court also recognised the mitigating factors, including the accused's cooperation, remorse, and the likelihood of rehabilitation if he participated in a high-intensity sexual offenders' program. Ultimately, the court decided on a sentence that balanced the need for punishment and deterrence with the potential for rehabilitation. The court sentenced the accused to specific terms of imprisonment for each count, to be served concurrently, and declared the time already served as part of the sentence.

The final orders of the court included the recording of convictions on all counts, the imposition of specific prison terms for each offence, the declaration of the time already served, and a recommendation that the High Intensity Sexual Offenders' Program be made available to the accused as a matter of priority.

Orders

Orders of the court

1. On all counts a conviction is recorded.

2. On each of Counts 2, 7, 11, 16 and 18 (rape), sentenced to 25 years’ imprisonment.

3. On each of Counts 4, 6, 8, 10 and 15 (assault with intent to commit rape), sentenced to 10 years’ imprisonment.

4. One each of Counts 1, 3, 5, 9, 12 and 17 (sexual assault), sentenced to 5 years’ imprisonment.

5. On each of Counts 13 and 14 (assault occasioning bodily harm), sentenced to 3 years’ imprisonment.

6. All terms of imprisonment to be served concurrently.

7. I state that the dates that the prisoner has been held in presentence custody for these offences and for no other reason is from and including 16 July 2008 to and including 28 August 2009, being a total of 408 days. I declare that 408 days to be imprisonment already served under the sentence.

8. I declare in relation to the convictions for rape and assault with intent to commit rape that they are to be convictions of a serious violent offence in each case.

9. I recommend that the High Intensity Sexual Offenders’ Program be made available to the prisoner by Queensland Corrective Services as a matter of priority.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Colless [2009] QDC 283
PARTIES:	R V LUKE JAMES COLLESS
FILE NO/S:	Indictment No. 2051 of 2009
DIVISION:	Criminal
PROCEEDING:	Sentence
ORIGINATING COURT:	Brisbane District Court
DELIVERED ON:	28 August 2009
DELIVERED AT:	Brisbane
HEARING DATE:	27, 28 August 2009
JUDGE:	Irwin DCJ
ORDER:	1. On all counts a conviction is recorded. 2. On each of Counts 2, 7, 11, 16 and 18 (rape), sentenced to 25 years’ imprisonment. 3. On each of Counts 4, 6, 8, 10 and 15 (assault with intent to commit rape), sentenced to 10 years’ imprisonment. 4. One each of Counts 1, 3, 5, 9, 12 and 17 (sexual assault), sentenced to 5 years’ imprisonment. 5. On each of Counts 13 and 14 (assault occasioning bodily harm), sentenced to 3 years’ imprisonment. 6. All terms of imprisonment to be served concurrently. 7. I state that the dates that the prisoner has been held in presentence custody for these offences and for no other reason is from and including 16 July 2008 to and including 28 August 2009, being a total of 408 days. I declare that 408 days to be imprisonment already served under the sentence. 8. I declare in relation to the convictions for rape and assault with intent to commit rape that they are to be convictions of a serious violent offence in each case. 9. I recommend that the High Intensity Sexual Offenders’ Program be made available to the prisoner by Queensland Corrective Services as a matter of priority.
CATCHWORDS:	CRIMINAL LAW – SENTENCE – 5 Counts of Rape, 5 counts of assault with intent to commit rape, 6 counts of sexual assault and 2 counts of assault occasioning bodily harm – where prisoner attacked 11 women in public places over a 27 month period – where the rapes were committed by digital penetration of the vagina and the anus – where prisoner pleaded guilty on ex‑officio indictment, co-operated with the administration of justice and demonstrated remorse and contrition – where the prisoner had a mixed personality disorder with strong obsessive compulsive traits and a paraphilia involving recurrent sexual urges in relation to non-consenting persons resulting in an uncontrollable compulsion to violently attack and rape women in public places – where there was expert opinion that the prisoner’s risk of re-offending would be low if he successfully participated in a high intensity sexual offenders program – where the Crown submitted that the appropriate penalty for the criminality in this course of conduct was life imprisonment – principles of sentencing – factors to be taken into account – whether the course of conduct fell into the worst category of this type of offending Corrective Services Act 2006, s 181(3), s 181(2) R v Atwell [2000] QCA 266, cited R v Bulger [1990] 2 Qd R 559, cited Reg. v Breckenridge [1966] Qd R 189, cited R v Buckley [2008] QCA 45, cited R v Burley; ex parte Attorney-General of Queensland [1998] QCA 098,…