SUPREME COURT OF QUEENSLAND
CITATION:
R v Dickeson; ex parte A-G; R v Dickeson [2004] QCA 78
PARTIES:
R
v
DICKESON, Andrew Mark Hugh
(respondent/applicant)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 387 of 2003
CA No 398 of 2003
DC No 2982 of 2003DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
Sentence ApplicationORIGINATING COURT:
District Court at Brisbane
DELIVERED EX TEMPORE ON:
17 March 2004
DELIVERED AT:
Brisbane
HEARING DATE:
17 March 2004
JUDGES:
McMurdo P, Jerrard JA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Attorney-General's appeal against sentence dismissed
2. Respondent/applicant's application for leave to appeal against sentence refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where respondent/applicant pleaded guilty to two counts of maintaining a sexual relationship with child under 16 years with a circumstance of aggravation, one count of indecent treatment of a child under 12 years and one count of possessing child abuse computer games – where sentenced to 10 years imprisonment and reporting requirements ordered upon release from custody – where respondent/applicant was 29 years old at sentence – where offences involved three young girls – where relationship with two girls had been maintained for nine months – where explicit sexual activity with children captured on video and still photographs and stored on computer – where photographs of other children in public places and child pornography stored on computer – whether sentence was manifestly inadequate or manifestly excessive
Criminal Law Amendment Act 1945 (Qld), s 19A
R v Arnold; ex parte Attorney-General (Qld) (2002) 134 ACrimR 151, cited
R v D [2003] QCA 88; CA No 444 of 2002, 4 March 2003, cited
R v D [2003] QCA 148; CA No 207 of 2002 and CA No 232 of 2002, 4 April 2003, cited
R v D [2003] QCA 426; CA No 211 of 2003, 25 September 2003, cited
R v Dillon [2003] QCA 305; CA No 89 of 2003, 21 July 2003, cited
R v H [2004] QCA 37; CA No 349 of 2003, 19 February 2004, considered
R v H [2003] QCA 392; CA No 171 of 2003, 12 September 2003, cited
R v Herford [2001] QCA 177; CA No 334 of 2000, 11 May 2001, cited
R v Myers [2002] QCA 143; CA No 353 of 2001, 19 April 2002, cited
R v Sheridan [1993] CA No 316 of 1993, 7 October 1993, cited
R v Young; ex parte Attorney-General (Qld) (2002) 135 A CrimR 253, citedCOUNSEL:
L J Clare for the appellant
M D Byrne QC for the respondent/applicantSOLICITORS:
Department of Public Prosecutions (Queensland) for the appellant
Ryan & Bosscher for the respondent/applicant
THE…
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- Case
- [2004] QCA 78
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the sentence was either manifestly inadequate or manifestly excessive. This involved assessing the severity of the crimes, the culpability of the respondent/applicant, and the appropriate punishment considering the gravity of the offences. The court needed to balance the interests of justice and the principles of proportionality in sentencing. The decision hinged on whether the 10-year sentence was appropriate given the nature and extent of the crimes committed against the young victims.
The court concluded that the sentence imposed was neither manifestly inadequate nor manifestly excessive. The court emphasised the heinous nature of the crimes, acknowledging the significant harm caused to the victims. However, the court also considered the respondent/applicant's age and the potential for rehabilitation. The court found that the sentence was proportionate to the severity of the crimes and the need to protect the community. Therefore, the Attorney-General's appeal against the sentence was dismissed, and the respondent/applicant's application for leave to appeal was also refused.
Orders
Orders of the court
1. Attorney-General's appeal against sentence dismissed
2. Respondent/applicant's application for leave to appeal against sentence refused
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.