R v Corr; ex parte - [2010] QCA 40

SUPREME COURT OF QUEENSLAND

CITATION:

R v Corr; ex parte A-G (Qld) [2010] QCA 40

PARTIES:

R
v
CORR, Aaron Sean
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 273 of 2009
DC No 65 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

District Court at Maroochydore

DELIVERED ON:

5 March 2010

DELIVERED AT:

Brisbane

HEARING DATE:

5 February 2010

JUDGES:

McMurdo P, Muir JA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   The appeal is allowed

2.   The sentence imposed in the District Court at Maroochydore on 15 October 2009 is set aside and instead the following orders are made:

a.   The respondent is sentenced to 12 years imprisonment on each count

b.   The respondent is declared to be convicted of a serious violence offence on each count

c.   520 days pre-sentence custody is declared to be time already served under the sentence.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – respondent pleaded guilty to doing grievous bodily harm with intent to disable and to rape – complainant was a two and a half year old child of the respondent's friend – respondent punched and dropped the complainant before penetrating the complainant's anus with a sharp object and abandoning the child – complainant suffered life threatening injuries – respondent initially failed to make frank admissions but cooperated with the police – respondent has no prior like offending – respondent has made some efforts at rehabilitation – respondent was sentenced to nine years imprisonment and a serious offence declaration was made – whether sentence failed to reflect the gravity of the offences and gave too much weight to factors in mitigation – whether sentence failed to take into account general deterrence and denunciation – whether sentence manifestly inadequate

Criminal Code 1899 (Qld), s 669A(1)

R v TK[2004] QCA 394, considered
R v J [1998] QCA 143, considered
R v G; ex parte A-G (Qld) [1999] QCA 84, considered
R v Lacey; ex parte A-G (Qld) [2009] QCA 274, considered

COUNSEL:

A Moynihan SC for the appellant
D Shepherd for the respondent

SOLICITORS:

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

McMURDO P: The respondent pleaded guilty in the Maroochydore District Court on 15 October 2009 to doing grievous bodily harm with intent to disable (count 1) and rape (count 2). The complainant in both counts was the same two and a half year old child. On each count, the respondent was sentenced to nine years imprisonment and a serious violent offence declaration was made. He will have to spend 7.2 years in prison before becoming eligible for parole.[1] Five hundred and twenty days spent in pre-sentence custody were declared as time served under the sentence. The appellant, the Attorney-General of Queensland,…

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 Corr; ex parte

Details

AGLC: R v Corr; ex parte A-G (Qld) [2010] QCA 40
Case: [2010] QCA 40
Decision Date: 5 March 2010

CaseChat Overview and Summary

The respondent, Corr, appealed against the sentence imposed on him in the District Court at Maroochydore for grievous bodily harm with intent to disable and rape of a two and a half year old child. Corr pleaded guilty to the charges and had been sentenced to nine years imprisonment with a serious offence declaration. The appeal was brought before the court on the grounds that the sentence was manifestly excessive or inadequate, particularly given the gravity of the offences and the need for general deterrence and denunciation.

The court examined whether the sentence failed to reflect the severity of the crimes committed against a vulnerable child and whether it appropriately balanced the factors in mitigation with the need to deter and denounce such acts. The court considered Corr's lack of prior criminal history, his cooperation with police, and his efforts towards rehabilitation. However, the court concluded that the original sentence did not adequately reflect the gravity of the crimes and gave too much weight to mitigating factors.

The court set aside the original sentence and imposed a new sentence of twelve years imprisonment on each count, with a serious offence declaration for each offence. Additionally, the court ruled that the 520 days of pre-sentence custody would be counted as time already served under the new sentence. The appeal was thus allowed, and the respondent was sentenced to a total of twelve years imprisonment with the appropriate declarations.

Orders

Orders of the court

1. The appeal is allowed

2. The sentence imposed in the District Court at Maroochydore on 15 October 2009 is set aside and instead the following orders are made:

a. The respondent is sentenced to 12 years imprisonment on each count

b. The respondent is declared to be convicted of a serious violence offence on each count

c. 520 days pre-sentence custody is declared to be time already served under the sentence.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Corr; ex parte A-G (Qld) [2010] QCA 40
PARTIES:	R v CORR, Aaron Sean (respondent) EX PARTE ATTORNEY-GENERAL OF QUEENSLAND (appellant)
FILE NO/S:	CA No 273 of 2009 DC No 65 of 2009
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Appeal by A-G (Qld)
ORIGINATING COURT:	District Court at Maroochydore
DELIVERED ON:	5 March 2010
DELIVERED AT:	Brisbane
HEARING DATE:	5 February 2010
JUDGES:	McMurdo P, Muir JA and Douglas J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. The appeal is allowed 2. The sentence imposed in the District Court at Maroochydore on 15 October 2009 is set aside and instead the following orders are made: a. The respondent is sentenced to 12 years imprisonment on each count b. The respondent is declared to be convicted of a serious violence offence on each count c. 520 days pre-sentence custody is declared to be time already served under the sentence.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – respondent pleaded guilty to doing grievous bodily harm with intent to disable and to rape – complainant was a two and a half year old child of the respondent's friend – respondent punched and dropped the complainant before penetrating the complainant's anus with a sharp object and abandoning the child – complainant suffered life threatening injuries – respondent initially failed to make frank admissions but cooperated with the police – respondent has no prior like offending – respondent has made some efforts at rehabilitation – respondent was sentenced to nine years imprisonment and a serious offence declaration was made – whether sentence failed to reflect the gravity of the offences and gave too much weight to factors in mitigation – whether sentence failed to take into account general deterrence and denunciation – whether sentence manifestly inadequate Criminal Code 1899 (Qld), s 669A(1) R v TK[2004] QCA 394, considered R v J [1998] QCA 143, considered R v G; ex parte A-G (Qld) [1999] QCA 84, considered R v Lacey; ex parte A-G (Qld) [2009] QCA 274, considered
COUNSEL:	A Moynihan SC for the appellant D Shepherd for the respondent
SOLICITORS:	Director of Public Prosecutions (Queensland) for the appellant Legal Aid Queensland for the respondent