R v Corr; ex parte

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.