R v D

Case

[2003] QCA 426

25 September 2003


Details
AGLC Case Decision Date
R v D [2003] QCA 426 [2003] QCA 426 25 September 2003

CaseChat Overview and Summary

The appeal against sentence was brought by the respondent, who had been convicted of maintaining an unlawful relationship of a sexual nature with a child under the age of 16. The appeal was heard by the court of criminal appeal. The respondent had pleaded guilty to the charge and was sentenced to ten years imprisonment. The respondent sought to appeal the sentence on the grounds that he had been misled into pleading guilty and that the sentence was manifestly excessive.

The court examined whether there was any evidence to support the respondent's claim that he had been misled into pleading guilty. The court found that there was no evidence to support this assertion. The court then considered whether the sentence was manifestly excessive. The court noted that the offence was serious and that the sentence was within the range of sentences that could be imposed for such an offence. The court concluded that the sentence was not manifestly excessive.

The appeal was dismissed. The court found that the respondent had not established any grounds for the appeal and that the sentence was not manifestly excessive. The court noted that the respondent had pleaded guilty to a serious offence and that the sentence was within the range of sentences that could be imposed for such an offence. The court found that the respondent had not demonstrated that the sentence was unjust or that it should be reduced.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

Actions
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Most Recent Citation
R v MAN [2005] QCA 413

Cases Citing This Decision

8

R v BAY [2005] QCA 427
R v MAN [2005] QCA 413
R v SAG [2004] QCA 286
Cases Cited

2

Statutory Material Cited

0

R v B [1999] QCA 372
R v KAI [2002] QCA 378
R v B [1999] QCA 372