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R v Dobie

R v Dobie

Case [2009] QCA 394 18 December 2009

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SUPREME COURT OF QUEENSLAND

CITATION:

R v Dobie [2009] QCA 394

PARTIES:

R
v
DOBIE, Keith William
(applicant)

FILE NO/S:

CA No 5 of 2009
DC No 1221 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Conviction)
Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

18 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

30 September 2009

JUDGES:

Fraser JA and Cullinane and P Lyons JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:
1.   Application for leave to appeal against sentence refused.

2.   Application for extension of time within which to appeal against conviction granted.

3.   Appeal against conviction dismissed.

CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST DECENCY AND MORALITY – OTHER OFFENCES – where applicant convicted on plea of guilty of two counts of trafficking in persons under s 271.2(2B) Criminal Code 1995 (Cth) – where applicant argued that he did not deceive the complainants about the extent to which they were free to cease providing sexual services once and for all and therefore, that the element in s 271.2(2B)(c)(iii) was not made out – whether “cease” in s 271.2(2B)(c)(iii) means to cease providing sexual services permanently or includes ceasing to provide those services in a particular period or to particular persons

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted on pleas of guilty of two counts of trafficking in persons (counts 1 and 2), one count of dealing in proceeds of crime in excess of $10,000 (count 3) and four counts of presenting a false document (counts 4 to 7) – where applicant sentenced to concurrent terms of fours years imprisonment on counts 1 and 2; to 12 months imprisonment for count 3; and to concurrent terms of 12 months imprisonment for counts 4 to 7 – whether four year sentence on counts 1 and 2 excessive – whether the sentence on counts 4 to 7 should be made cumulative upon the sentence for counts 1 and 2 – whether sentence manifestly excessive

Acts Interpretation Act 1901 (Cth), s 15AB
Criminal Code 1995 (Cth), s 11.2, s 270.4, s 270.6, s 270.7, s 271.2, s 400.6

Migration Act 1958 (Cth), s 234

Attorney-General v Tichy (1982) 30 SASR 84, cited
Beckwith v The Queen (1976) 135 CLR 569; [1976] HCA 55, cited
Borsa v The Queen [2003] WASCA 254, cited
Johnson v The Queen (2004) 205 ALR 346; [2004] HCA 15, cited
Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46, cited
Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited
Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cited
Peters v The Queen (1998) 192 CLR 493; [1998] HCA…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Dobie

Details

AGLC: R v Dobie [2009] QCA 394
Case: [2009] QCA 394
Decision Date: 18 December 2009

CaseChat Overview and Summary

In the case of R v Dobie, the applicant was convicted on a plea of guilty to two counts of trafficking in persons under section 271.2(2B) of the Criminal Code 1995 (Cth). The applicant argued that he did not deceive the complainants about their freedom to cease providing sexual services, thus contending that the element in s 271.2(2B)(c)(iii) was not satisfied. The legal issues revolved around the interpretation of "cease" in the context of the offence, specifically whether it refers to permanently stopping the provision of sexual services or includes the ability to cease services in a specific period or to specific persons. The applicant also contested the severity of his sentence, arguing that the four-year imprisonment for the trafficking counts was excessive, and that the sentences for presenting false documents should be cumulative rather than concurrent.

The court examined the statutory language and the intent behind the trafficking provisions, concluding that the term "cease" was intended to encompass the ability to stop providing sexual services permanently. Given the context of the offence and the statutory language, the court found that the applicant's argument did not undermine the conviction. As for the sentence, the court considered the gravity of the trafficking offences and the need for deterrence and denunciation, ultimately upholding the four-year sentence as appropriate. The court also found no merit in the argument that the sentences for presenting false documents should be cumulative, maintaining that the concurrent terms were suitable.

The applicant's application for leave to appeal against the sentence was refused, while the application for an extension of time to appeal against the conviction was granted. The appeal against the conviction was dismissed, as the court found no basis to overturn the original findings. The final orders included the refusal of leave to appeal against the sentence, the granting of an extension of time for the appeal against the conviction, and the dismissal of the appeal against the conviction itself.

Orders

Orders of the court

1. Application for leave to appeal against sentence refused.

2. Application for extension of time within which to appeal against conviction granted.

3. Appeal against conviction dismissed.

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.

Actions

Citations

R v Dobie [2009] QCA 394

Most Recent Citation

R v Dobie [2011] QCA 21

Cases Citing This Decision

Maloney v Workers' Compensation Regulator [2023] QCA 95
Citation 1

…5 CLR 164; [2019] HCA 25, considered R v DBY [2022] QCA 20, considered R v Dobie [2011] 1 Qd R 367; [2009] QCA 394, considered Sochorova v Commonwealth of Australia [2012] QCA 152, considered COUNSEL: M J Jackson for the applicant A L Bain for the respondent SOLICITORS: Fisher Dore Solicitors for the applicant Wo…
R v DBY [2022] QCA 20
Citation 2

…pplied R v Carkeet [2009] 1 Qd R 190; [2008] QCA 143, considered R v Dobie [2011] 1 Qd R 367; [2009] QCA 394, considered COUNSEL: The applicant/appellant appeared on her own behalf D Nardone for the respondent SOLICITORS: The applicant/appellant appeared on her own behalf Director of Public Prosecutions (Queensla…
R v Pulini [2019] QCA 258
Citation 3 (Para 10)

…onth. They were isolated by culture, language, poverty, and threats. That review is sufficient to demonstrate why Dobie is of no assistance here. [34][2009] QCA 394…
R v KAK [2013] QCA 310
Citation 4

…v Cartwright (1989) 17 NSWLR 243, considered R v Chu [1998] NSWSC 568, cited R v Dobie [2011] 1 Qd R 367; [2009] QCA 394, considered R v El Hani [2004] NSWCCA 162, cited R v Gallagher (1991) 23 NSWLR 220, considered R v Gladkowski (2000) 115 A Crim R 446; [2000] QCA 352, cited R v Hoad [2005] QCA 92, cited R v L;…
R v Dobie [2011] QCA 21
Citation 5

…extension of time Criminal Code 1995 (Cth), s 11.2(1), s 271.2(2B), s 400.6(1) Migration Act 1958 (Cth), s 234(1)(a) R v Dobie (2009) 236 FLR 455; [2009] QCA 394, considered R v Dobie [2010] QCA 34, considered R v MAM [2005] QCA 323, cited R v Nudd [2007] QCA 40, cited R v Pettigrew [1997] 1 Qd R 601; [1996] QCA 235…
Dargusch v Kosieradzki [2010] QDC 391
Citation 6 (Para 1)

…On a more narrow view of totality, more recently, in R v Dobie [2009] QCA 394, the Court of Appeal, again by reference to Mill (among many other cases), with respect to two counts of presenting false documents where there was a sentence of 12 months imprisonment to be served cumulatively upon an effective four ye…

See all citing cases →

Cases Cited

R v Rose [2009] QCA 83
Citation 1

…ited R v Myers [2002] NSWCCA 162, cited R v Nagy [2004] 1 Qd R 63; [2003] QCA 175, cited R v Rose [2010] 1 Qd R 87; [2009] QCA 83, cited R v Tait [1999] 2 Qd R 667; [1998] QCA 304, cited R v Sieders; R v Somsri (2008) 186 A Crim R 540; [2008] NSWCCA 187, distinguished R v Toro-Martinez (2000) 114 A Crim R 533; […
Sieders, Johan v The Queen; Somsri, Yotchomchin v The Queen [2008] NSWCCA 187
Citation 2

…9] QCA 83, cited R v Tait [1999] 2 Qd R 667; [1998] QCA 304, cited R v Sieders; R v Somsri (2008) 186 A Crim R 540; [2008] NSWCCA 187, distinguished R v Toro-Martinez (2000) 114 A Crim R 533; [2000] NSWCCA 216, cited COUNSEL: S Di Carlo for the applicant P J Flanagan SC, with P Morreau, for the respondent SOLICITORS…
R v Carkeet [2008] QCA 143
Citation 3

…Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28, cited R v Carkeet [2009] 1 Qd R 190; [2008] QCA 143, cited R v GV [2006] QCA 394, cited R v Lloyd , unreported, Bradley DCJ, 13 June 2007, considered R v Mundraby [2004] QCA 493, cited R v Myers [2002] NSWCCA 162, cited R v Nagy [2004]…
R v GV [2006] QCA 394
Citation 4 (Para 1)

…explanation for the delay if refusal of the extension would result in a miscarriage of justice.[2] [1] R v Tait [1999] 2 Qd R 667 at 668. [2] R v GV [2006] QCA 394 at [3].…
R v Mundraby [2004] QCA 493
Citation 5 (Para 1)

…sentence hearing established that the applicant was guilty of the offences charged in counts 1 and 2. [3](1995) 184 CLR 132 at 141. [4] R v Mundraby [2004] QCA 493 at [21] per Jerrard JA; R v Carkeet [2009] 1 Qd R 190 at 194 per Fraser JA, with whom Keane and Holmes JJA agreed. [5] R v GV at [6], citing Meissner…
Johnson v The Queen [2004] HCA 15
Citation 6

…135 CLR 569; [1976] HCA 55, cited Borsa v The Queen [2003] WASCA 254, cited Johnson v The Queen (2004) 205 ALR 346; [2004] HCA 15, cited Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46, cited Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, ci…
Borsa v The Queen [2003] WASCA 254
Citation 7 (Para 1)

…t [8], [31], [37] – [40]; R v Toro-Martinez (2000) 114 A Crim R 533 at 539; R v Carkeet [2009] 1 Qd R 190 at [25], referring to Borsa v The Queen [2003] WASCA 254 at [20].…
R v Nagy [2003] QCA 175
Citation 8 (Para 1)

…ral v Tichy (1982) 30 SASR 84 per Wells J at 92 – 93, cited by the Chief Justice in Johnson v The Queen (2004) 205 ALR 346. [19] R v Nagy [2003] QCA 175; [2004] 1 Qd R 63 at [30] – [39], [66] – [71]. [20] Pearce v The Queen (1998) 194 CLR 610 at [40], per McHugh, Hayne and Callinan JJ. [21] R v Myers [2002] NSWCC…
R v Myers [2002] NSWCCA 162
Citation 9 (Para 1)

…63 at [30] – [39], [66] – [71]. [20] Pearce v The Queen (1998) 194 CLR 610 at [40], per McHugh, Hayne and Callinan JJ. [21] R v Myers [2002] NSWCCA 162 per Kirby J, Smart AJ agreeing, at [34]. [22] Mill v The Queen (1988) 166 CLR 59; Johnson v The Queen (2004) 205 ALR 346.…
R v Toro-Martinez [2000] NSWCCA 216
Citation 10

…rs; R v Somsri (2008) 186 A Crim R 540; [2008] NSWCCA 187, distinguished R v Toro-Martinez (2000) 114 A Crim R 533; [2000] NSWCCA 216, cited COUNSEL: S Di Carlo for the applicant P J Flanagan SC, with P Morreau, for the respondent SOLICITORS: Hannay Lawyers for the applicant Director of Public Prosecutions (Commonwe…
R v Tait [1998] QCA 304
Citation 11

…[2004] 1 Qd R 63; [2003] QCA 175, cited R v Rose [2010] 1 Qd R 87; [2009] QCA 83, cited R v Tait [1999] 2 Qd R 667; [1998] QCA 304, cited R v Sieders; R v Somsri (2008) 186 A Crim R 540; [2008] NSWCCA 187, distinguished R v Toro-Martinez (2000) 114 A Crim R 533; [2000] NSWCCA 216, cited COUNSEL: S Di Carlo for th…
Pearce v The Queen [1998] HCA 57
Citation 12

…1995] HCA 41, cited Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cited Peters v The Queen (1998) 192 CLR 493; [1998] HCA 7, cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28, cited R v Carkeet [2009]…
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 53
Citation 13 (Para 1)

…onwealth of Australia, pp 30–31. [12] Acts Interpretation Act 1901 (Cth) s 15AB; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355.…
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28
Citation 14

…1998) 192 CLR 493; [1998] HCA 7, cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28, cited R v Carkeet [2009] 1 Qd R 190; [2008] QCA 143, cited R v GV [2006] QCA 394, cited R v Lloyd , unreported, Bradley DCJ, 13 June 2007, considered R v Mundraby [2004] QCA 493, cit…
Peters v the Queen [1998] HCA 7
Citation 15

…8] HCA 70, cited Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cited Peters v The Queen (1998) 192 CLR 493; [1998] HCA 7, cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28, cited R v Carkeet [2009] 1 Qd R 190; [2008] QCA 143, cited R v GV [2006] QCA 394, ci…
Maxwell v The Queen [1996] HCA 46
Citation 16

…SCA 254, cited Johnson v The Queen (2004) 205 ALR 346; [2004] HCA 15, cited Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46, cited Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cit…
Meissner v the Queen [1995] HCA 41
Citation 17

…HCA 15, cited Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46, cited Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cited Peters v The Queen (1998) 192 CLR 493; [1998] HCA 7, cited…
Mill v The Queen [1988] HCA 70
Citation 18

…96] HCA 46, cited Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cited Peters v The Queen (1998) 192 CLR 493; [1998] HCA 7, cited Project Blue Sky Inc v Australian Broadcasting Authority…
Beckwith v the Queen [1976] HCA 55
Citation 19

…on Act 1958 (Cth), s 234 Attorney-General v Tichy (1982) 30 SASR 84, cited Beckwith v The Queen (1976) 135 CLR 569; [1976] HCA 55, cited Borsa v The Queen [2003] WASCA 254, cited Johnson v The Queen (2004) 205 ALR 346; [2004] HCA 15, cited Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46, cited Meissner v T…

Legislation Cited

Migration Act 1958 (Cth) 234
2 mentions (from Para 1)
Acts Interpretation Act 1901 (Cth) 15AB
1 mention (from Para 1)
Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth)
1 mention (from Para 1)

CITATION:	R v Dobie [2009] QCA 394
PARTIES:	R v DOBIE, Keith William (applicant)
FILE NO/S:	CA No 5 of 2009 DC No 1221 of 2008
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Conviction) Sentence Application
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	18 December 2009
DELIVERED AT:	Brisbane
HEARING DATE:	30 September 2009
JUDGES:	Fraser JA and Cullinane and P Lyons JJ Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. Application for leave to appeal against sentence refused. 2. Application for extension of time within which to appeal against conviction granted. 3. Appeal against conviction dismissed.
CATCHWORDS:	CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST DECENCY AND MORALITY – OTHER OFFENCES – where applicant convicted on plea of guilty of two counts of trafficking in persons under s 271.2(2B) Criminal Code 1995 (Cth) – where applicant argued that he did not deceive the complainants about the extent to which they were free to cease providing sexual services once and for all and therefore, that the element in s 271.2(2B)(c)(iii) was not made out – whether “cease” in s 271.2(2B)(c)(iii) means to cease providing sexual services permanently or includes ceasing to provide those services in a particular period or to particular persons CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted on pleas of guilty of two counts of trafficking in persons (counts 1 and 2), one count of dealing in proceeds of crime in excess of $10,000 (count 3) and four counts of presenting a false document (counts 4 to 7) – where applicant sentenced to concurrent terms of fours years imprisonment on counts 1 and 2; to 12 months imprisonment for count 3; and to concurrent terms of 12 months imprisonment for counts 4 to 7 – whether four year sentence on counts 1 and 2 excessive – whether the sentence on counts 4 to 7 should be made cumulative upon the sentence for counts 1 and 2 – whether sentence manifestly excessive Acts Interpretation Act 1901 (Cth), s 15AB Criminal Code 1995 (Cth), s 11.2, s 270.4, s 270.6, s 270.7, s 271.2, s 400.6 Migration Act 1958 (Cth), s 234 Attorney-General v Tichy (1982) 30 SASR 84, cited Beckwith v The Queen (1976) 135 CLR 569; [1976] HCA 55, cited Borsa v The Queen [2003] WASCA 254, cited Johnson v The Queen (2004) 205 ALR 346; [2004] HCA 15, cited Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46, cited Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cited Peters v The Queen (1998) 192 CLR 493; [1998] HCA…