R v D

[2003] QCA 426

SUPREME COURT OF QUEENSLAND

CITATION:

R v D [2003] QCA 426

PARTIES:

R
v
D
(applicant)

FILE NO/S:

CA No 211 of 2003
DC No 146 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Ipswich

DELIVERED EX TEMPORE ON:

25 September 2003

DELIVERED AT:

Brisbane

HEARING DATE:

25 September 2003

JUDGES:

Davies and Jerrard JJA and Holmes J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant sentenced to ten years imprisonment for having maintained an unlawful relationship of a sexual nature with a child under the age of 16 – where applicant had pleaded guilty – where applicant claimed on appeal that he had been misled into pleading guilty – where no evidence to support this assertion – whether sentence manifestly excessive

R v B [1999] QCA 372; CA No 394 of 1998, 10 September 1999, considered
R v KAI [2002] QCA 378; CA No 201 of 2002, 24 September 2002, considered

COUNSEL:

The applicant appeared on his own behalf
P F Rutledge for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

DAVIES JA:  I will ask Justice Holmes to deliver her reasons first.  You may sit down, D.

HOLMES J:  The applicant was sentenced in the District Court on the 16th of June 2003 after pleas of guilty to 10 years' imprisonment on one count of maintaining an unlawful relationship of a sexual nature with a child under 16 years with circumstances of aggravation. 

No sentence was imposed in respect of three further counts of indecent dealing with a child under 16 with aggravating circumstances, and eight counts of incest to which he also pleaded guilty, on the basis that they were in respect of acts which were encompassed within the particulars relied on by the Crown for the charge of maintaining a sexual relationship.

This application was one for leave to appeal against sentence only.  However, in his submissions the applicant, in effect, raised an appeal against conviction with an assertion that he had been misled into his plea as regards those offences involving the child when she was under the age of 15.

There is no evidence offered by him to support that assertion and it is to be noted that the record shows that he was asked at the commencement of sentencing proceedings whether he had read each of the counts contained in the indictment and said that he had, and was asked whether he had understood fully the contents of each of the charges and said that he had.  He also said that he had discussed them with his counsel and received advice from his counsel.…