R v Colless

[2010] QCA 26

SUPREME COURT OF QUEENSLAND

CITATION:

R v Colless [2010] QCA 26

PARTIES:

R
v
COLLESS, Luke James
(applicant)

FILE NO/S:

CA No 223 of 2009
DC No 2051 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

23 February 2010

DELIVERED AT:

Brisbane

HEARING DATE:

16 February 2010

JUDGES:

Chief Justice, Holmes and Muir JJA
Judgment of the Court

ORDERS:

1. Application for leave to appeal against sentence granted;

2. Appeal allowed;

3. Set aside the sentences of 25 years imprisonment imposed upon the applicant on 28 August 2009 and substitute sentences of 16 years imprisonment;

4. Otherwise confirm the orders then made.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant pleaded guilty to a series of sexual offences committed on 11 women aged between 18 and 52 years over a 27 month period – where offences included five instances of digital rape – where applicant sentenced to 25 years imprisonment for each instance of rape – where applicant had a good work record and no prior criminal history – where there were substantial mitigating circumstances – whether the sentences imposed were manifestly excessive

Corrective Services Act 2006 (Qld), s 182(2)(b)
Penalties and Sentences Act 1992 (Qld), s 13(1), s 13(2), s 161A(a)

Ibbs v The Queen (1987) 163 CLR 447; [1987] HCA 46, cited
R v Atwell[2000] QCA 266, distinguished
R v Breckenridge [1966] Qd R 189, distinguished
R v Brown (2002) 5 VR 463; [2002] VSCA 207, cited
R v Buckley[2008] QCA 45, distinguished
R v Burley; ex parte Attorney-General (Qld)[1998] QCA 98, distinguished
R v CAJ [2009] QCA 37, considered
R v Hornby [1996] QCA 446, distinguished
R v Jackson [1988] CCA 11, distinguished
R v Mallie [2000] QCA 188, considered
R v Riley (2006) 161 A Crim R 414; [2006] NTCCA 10, cited
R v Wark[2008] QCA 172, cited
R v Watcho (1998) 104 A Crim R 300; [1998] QCA 331, distinguished

COUNSEL:

C Heaton for the applicant
A W Moynihan SC for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

THE COURT:

Introduction

1. The applicant pleaded guilty in the District Court on 27 August 2009 to a series of sexual offences committed on 11 women over a 27 month period covering the years 2006-2008.  The offences included five instances of digital rape.  For each of those rapes, the applicant was sentenced to 25 years imprisonment, of which he must serve at least 15 years (s 161A(a) Penalties and Sentences Act 1992 (Qld); s 182(2)(b) Corrective Services Act 2006 (Qld)). The applicant seeks leave to appeal on the ground that the sentences imposed upon him were manifestly excessive.

The offences and the penalties imposed

1. Some detail of the offences and the penalties imposed may be…