SUPREME COURT OF QUEENSLAND
CITATION:
R v DCQ [2025] QCA 146
PARTIES:
R
v
DCQ
(applicant)FILE NO/S:
CA No 60 of 2024
DC No 175 of 2024DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane – Date of Sentence: 21 March 2024 (Byrne KC DCJ)
DELIVERED ON:
8 August 2025
DELIVERED AT:
Brisbane
HEARING DATE:
13 May 2025
JUDGES:
Bowskill CJ and Bond JA and Callaghan J
ORDERS:
1. The applications for leave to adduce further evidence are refused.
2. The application for leave to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE – where the applicant pleaded guilty and was sentenced to 10 years’ imprisonment for serious violent and sexual offences against his former partner – where an automatic declaration of a serious violent offence followed – where at the sentencing hearing an expert report from a forensic psychologist was relied upon – where post-sentence the applicant commenced psychological counselling with a clinical psychologist – where the later psychologist observed that there were diagnostic possibilities that were not raised at the applicant’s sentence – where the applicant’s solicitor then arranged for a psychiatrist to assess the applicant and provide a report – where the applicant gave a substantially different report of his childhood, and social isolation, to the later psychologist and the psychiatrist – where the psychiatrist noted the possibility of various conditions including mild autism, ADHD and unspecified trauma-related disorder, which may have played some role in the applicant’s offending – where the applicant applies for leave to adduce new evidence, being the evidence of the later psychologist, the psychiatrist, his solicitor and himself, in order to establish a ground for the grant of leave to appeal against his sentence, that the sentencing process miscarried because the sentencing judge did not have all the information that was relevant to the formulation of the appropriate sentence – consideration of the appropriate test to be applied on an application for leave to adduce new evidence on an application for leave to appeal against sentence – whether, if the new evidence were not received, there would be a miscarriage of justice – whether leave should be granted for the applicant to appeal the sentence
Corrective Services Act 2006 (Qld), s 182(2)
Criminal Code (Qld), s 564(3A), s 668D(1)(c), s 668E(3), s 671B(1)(d), s 671B(2)
Penalties and Sentences Act 1992 (Qld), s 9(10A), s 12A, s 161AAlessawi and Snowball v R [2025] VSCA 23, considered
Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25, considered
Pajares v Commissioner of Police[2025] QCA 9, cited
R v Benjamin (2012) 224 A Crim R 40; [2012] QCA 188, cited
R v Cain[2010] QCA 373, cited
R v Flew[2008] QCA 290, cited
R v Free; Ex parte Attorney-General of Queensland (2020) 4 QR 80; [2020] QCA…
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- AGLC
- R v DCQ [2025] QCA 146
- Case
- [2025] QCA 146
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the new evidence could be admitted and whether it would establish a miscarriage of justice if not received. The court needed to determine the appropriate test for granting leave to adduce new evidence on an application for leave to appeal against a sentence. The court also had to consider whether there was a miscarriage of justice if the new evidence were not received.
The court found that the new evidence, including the reports from the psychiatrist and clinical psychologist, did not establish a miscarriage of justice. The court held that the sentencing judge had already taken into account all the relevant matters in arriving at the sentence, including the premeditated and calculated nature of the offences, the impact on the complainant, and the applicant’s otherwise strong and helpful role in society. The court concluded that the new evidence did not provide a sufficient ground for leave to appeal against the sentence. The court refused both the application for leave to adduce further evidence and the application for leave to appeal against the sentence.
In summary, the court held that the applicant’s application for leave to adduce further evidence was refused, and the application for leave to appeal against sentence was also refused.
Orders
Orders of the court
1. The applications for leave to adduce further evidence are refused.
2. The application for leave to appeal against sentence is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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