R v E; ex parte

[2002] QCA 417

SUPREME COURT OF QUEENSLAND

CITATION: 

R v E; ex parte A-G (Qld) [2002] QCA 417

PARTIES: 

R

v

E
(respondent/applicant)

EX PARTE ATTORNEY-GENERAL OF
QUEENSLAND
(appellant/respondent)

FILE NO/S: 

CA No 214 of 2002 CA No 217 of 2002 DC No 938 of 2002

DIVISION: 

Court of Appeal

PROCEEDING: 

Sentence Appeal by A-G (Qld)
Sentence Application

ORIGINATING
COURT: 

District Court at Brisbane

DELIVERED ON: 

11 October 2002

DELIVERED AT: 

Brisbane

HEARING DATE: 

19 September 2002

JUDGES: 

Williams and Jerrard JJA and Helman J
Separate reasons for judgment of each member of the Court;
each concurring as to the orders made

ORDERS: 

1.

In CA No 214 of 2002: (1) Set aside the orders that the respondent serve periods of 2 years and 12 months detention and in lieu thereof order that the respondent serve 4 years detention on each count, such sentences to be served concurrently; (2) Further order that the respondent be released from detention after serving 50% of the term; (3) Otherwise the orders at first instance on sentence should stand.

2.

In CA No 217 of 2002: (1) Application for leave to appeal against sentence dismissed.

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 sentenced as a juvenile after pleading guilty to two counts of rape, four counts of attempted rape and one of torture – where respondent received two years’ detention on the rape counts and 12 months detention on the attempted rape and torture counts – whether the sentence was manifestly inadequate - consideration of R v A; ex parte A-G (Qld) [2001] QCA 542 and R v Roelandts [2002] QCA 254

Juvenile Justice Act 1992 (Qld), s 4(a), s 188, s 189

R v GDP (1991) 53 A Crim R 112, considered
R v A; ex parte A-G (Qld) [2001] QCA 542, CA 275 of 2001,
28 November 2001, considered
R v B (a child) (1995) 82 A Crim R 234, considered
R v C (a child) (1995) 83 A Crim R 561
R v Roelandts [2002] QCA 254, CA No 63 of 2002, 23 July
2002, considered
R v W; ex parte Attorney-General [2001] Qd R 460,
considered

COUNSEL: 

L J Clare for the appellant in CA No 214 of 2002
B G Devereux for the respondent in CA No 214 of 2002
B G Devereux for the applicant in CA No 217 of 2002
L J Clare for for the respondent in CA No 217 of 2002

SOLICITORS: 

Director of Public Prosecutions (Qld) for the appellant in CA
No 214 of 2002
Legal Aid Queensland for the respondent in CA No 214 of
2002
Legal Aid Queensland for the applicant in CA No 217 of
2002
Director of Public Prosecutions (Qld) for the respondent in
CA No 217 of 2002

1. WILLIAMS JA: The respondent was sentenced…