R v Flew

Case [2008] QCA 290


SUPREME COURT OF QUEENSLAND

CITATION:

R v Flew [2008] QCA 290

PARTIES:

R
v
FLEW, Wayne Laurence
(applicant)

FILE NO/S:

CA No 23 of 2008
DC No 435 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

26 September 2008

DELIVERED AT:

Brisbane

HEARING DATE:

19 September 2008

JUDGES:

Keane and Fraser JJA and Atkinson J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – where the applicant was convicted on his own plea of guilty of one count of rape, three counts of sexual assault whilst armed, and one count of deprivation of liberty – where the applicant was sentenced to a head sentence of 10 and a half years imprisonment – whether the sentence imposed was, in all the circumstances, manifestly excessive

Criminal Code Act 1899 (Qld), s 349
Penalties and Sentences Act 1992 (Qld), s 9, s 161B

R v Basic (2000) 115 A Crim R 456; [2000] QCA 155, applied
R v Bolton[2005] QCA 335, applied
R v Mallie[2000] QCA 188, applied
R v Newman (2007) 172 A Crim R 171; [2007] QCA 198, applied
R v Truong [2000] 1 Qd R 663; [1999] QCA 21, applied

COUNSEL:

The applicant appeared on his own behalf
M B Lehane for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

  1. KEANE JA:  On 7 January 2008 the applicant was convicted upon his own plea of five offences including rape which occurred many years before on 12 July 1997.  He was sentenced to 10 and a half years imprisonment for the offence of rape and concurrent terms of three years imprisonment for the other offences.  A period of pre-sentence custody of 353 days was declared to be time already served.

  1. The applicant seeks leave to appeal against the sentence for the offence of rape on the ground that it is said to be "manifestly excessive".  This application came on for hearing by this Court on 19 June 2008.  On that occasion, the applicant sought, and was granted, an adjournment of the hearing in order to enable him to arrange legal representation.  When the matter came on for hearing again on 19 September 2008, it was evidently the case that the applicant had not been able to arrange legal representation.  He was, therefore, obliged to represent himself.

  1. I will consider the arguments advanced by the applicant in support of his application after first setting out the circumstances of his offending, his personal circumstances and the considerations taken into account by the learned sentencing judge.

The circumstances of the…

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R v Flew [2008] QCA 290
Case
[2008] QCA 290
Decision Date

CaseChat Overview and Summary

The case of R v Flew involved the applicant, who had pleaded guilty to multiple serious offences including rape, sexual assault whilst armed, and deprivation of liberty. The court sentenced him to a head sentence of 10 and a half years imprisonment. The applicant appealed against the severity of the sentence, arguing it was manifestly excessive given the circumstances. The appeal focused on whether the sentence was disproportionate to the crimes committed.

The court was required to determine if the sentence imposed was, in all the circumstances, manifestly excessive. This involved a careful consideration of the nature and severity of the offences, the culpability of the applicant, and whether the sentence was consistent with those imposed in similar cases. The court had to weigh the gravity of the crimes against the mitigating factors presented by the applicant.

The court found that the sentence imposed was not manifestly excessive. It carefully considered the evidence and arguments presented, concluding that the sentence was appropriate and proportionate to the crimes committed. The court's reasoning emphasised the severity of the offences and the need for a sentence that reflected the gravity of the applicant's actions. Consequently, the application for leave to appeal against the sentence was refused.

Orders

Orders of the court

Application for leave to appeal against sentence refused

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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