SUPREME COURT OF QUEENSLAND
CITATION: R v D [2003] QCA 88 PARTIES: R v D (applicant) FILE NO/S: CA No 444 of 2002 DC No 184 of 2002 DIVISION: Court of Appeal PROCEEDING: Sentence Application ORIGINATING
COURT:District Court at Townsville DELIVERED EX 4 March 2003 TEMPORE ON: DELIVERED AT: Brisbane HEARING DATE: 4 March 2003 JUDGES: McMurdo P, Mackenzie and Philippides JJ
Separate reasons for judgment for each member of the Court,
each concurring as to the orders madeORDERS: Application for leave to appeal granted
Appeal allowed
Order that the sentence of 12 years imprisonment for the
offence of rape be overturned and a sentence of 10 years
imprisonment imposed in lieu thereof
No interference with the sentence for the offence of
deprivation of libertyCATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AN INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – where the applicant was sentenced for rape and deprivation of liberty – where the complainant was a child – where the offences occurred after changes to indecent dealing provisions - whether the sentence imposed was manifestly excessive COUNSEL: N V Weston for the applicant M J Copley for the respondent SOLICITORS: Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the
respondent
MACKENZIE J: This is an application for leave to appeal against sentence. The applicant who was about 40 years of age at the time of the offences pleaded guilty to one count of deprivation of liberty and one count of rape. The offences arose out of the same events. The sentencing proceedings were initially adjourned after the applicant had pleaded guilty for the purpose of allowing the preparation of a presentence report which included psychological and psychiatric reports.
After the report was received the applicant was sentenced to three years imprisonment for deprivation of liberty and 12 years imprisonment for rape, those sentences to be served concurrently. 330 days that the applicant had already spent in custody were declared to be time already served.
The applicant had a very lengthy criminal history included offences of dishonesty and violence but no previous convictions for sexual offences. The offending behaviour had begun in 1980 when he was about 19 years of age and had continued fairly consistently over the years. There was also information in the presentence report that suggested that he had a poor response to community service and probation orders although he had completed home detention successfully.
The bases upon which it is said that the sentence was manifestly excessive are that it was not clear that the learned sentencing Judge had taken into account the fact that there had been a plea of guilty to both counts which demonstrated some degree of cooperation with the justice system; it was submitted that there should have been some reduction in sentence for that;…
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- AGLC
- R v D [2003] QCA 88
- Case
- [2003] QCA 88
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed on the applicant was manifestly excessive. This involved an assessment of the severity of the offences committed, the need to deter similar crimes in the future, and the appropriate punishment for the crimes in question. The court also needed to consider the changes in the indecent dealing provisions and how these might affect the sentencing for the rape charge.
The court found that the sentence for the rape offence was indeed manifestly excessive, given the specific circumstances of the case and the changes in the relevant legal provisions. The court acknowledged the gravity of the crimes committed, particularly given the age of the complainant. However, it also considered the need for proportionality in sentencing and the importance of ensuring that sentences are not unduly harsh. As a result, the court allowed the appeal and reduced the sentence for the rape offence from 12 years to 10 years imprisonment. The sentence for the deprivation of liberty offence remained unchanged.
In summary, the court granted leave to appeal and allowed the appeal against the sentence for the rape offence. The sentence of 12 years imprisonment for the offence of rape was overturned, and a sentence of 10 years imprisonment was imposed in its place. The sentence for the offence of deprivation of liberty was not altered.
Orders
Orders of the court
Application for leave to appeal granted
Appeal allowed
Order that the sentence of 12 years imprisonment for the
offence of rape be overturned and a sentence of 10 years
imprisonment imposed in lieu thereof
No interference with the sentence for the offence of
deprivation of liberty
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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