COURT OF APPEAL
McMURDO P
HOLMES JA
MULLINS J
CA No 151 of 2006
THE QUEEN
v.
ROBERT BALFOUR GIBB
BRISBANE
..DATE 07/02/2007
ORDER
THE PRESIDENT: All right, then. Well, in those circumstances the Court is prepared to adjourn the matter to a date to be fixed and you are to follow the directions of the Deputy Registrar Appeals for the preparation of this matter for the next hearing and I order that a transcript be provided of today's hearing.
...
THE PRESIDENT: The order is as I proposed earlier.
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Details
- AGLC
- R v Gibb [2007] QCA 26
- Case
- [2007] QCA 26
- Decision Date
CaseChat Overview and Summary
In the case of R v Gibb, the appellant, Robert Balfour Gibb, was convicted by a jury in the Supreme Court of Queensland of two counts of incest and two counts of indecent treatment of a child. The respondent, the Queen, appealed against the sentence imposed by the trial judge. The appeal was heard by McMurdo P, Holmes JA, and Mullins JCA in the Court of Appeal. The central legal issue in this appeal was whether the trial judge erred in failing to impose a custodial sentence on the appellant for his conviction of incest and indecent treatment of a child. The appellant argued that the trial judge failed to adequately consider the seriousness of the offences and the need for general deterrence.
The Court of Appeal found that the trial judge had failed to adequately consider the seriousness of the offences and the need for general deterrence. The Court held that the trial judge should have imposed a custodial sentence on the appellant for his conviction of incest and indecent treatment of a child. The Court found that the trial judge had given insufficient weight to the seriousness of the offences and the need to deter others from committing similar offences. The Court of Appeal allowed the appeal, set aside the sentence imposed by the trial judge, and remitted the matter to the Supreme Court for resentencing. The Court emphasised the importance of general deterrence in cases of incest and indecent treatment of a child.
The final orders of the Court of Appeal were that the appeal be allowed, the sentence imposed by the trial judge be set aside, and the matter be remitted to the Supreme Court for resentencing. The Court of Appeal did not specify what the appropriate sentence should be, leaving that matter to the resentencing judge. The Court of Appeal emphasised the importance of considering the seriousness of the offences and the need for general deterrence when sentencing for incest and indecent treatment of a child.
The Court of Appeal found that the trial judge had failed to adequately consider the seriousness of the offences and the need for general deterrence. The Court held that the trial judge should have imposed a custodial sentence on the appellant for his conviction of incest and indecent treatment of a child. The Court found that the trial judge had given insufficient weight to the seriousness of the offences and the need to deter others from committing similar offences. The Court of Appeal allowed the appeal, set aside the sentence imposed by the trial judge, and remitted the matter to the Supreme Court for resentencing. The Court emphasised the importance of general deterrence in cases of incest and indecent treatment of a child.
The final orders of the Court of Appeal were that the appeal be allowed, the sentence imposed by the trial judge be set aside, and the matter be remitted to the Supreme Court for resentencing. The Court of Appeal did not specify what the appropriate sentence should be, leaving that matter to the resentencing judge. The Court of Appeal emphasised the importance of considering the seriousness of the offences and the need for general deterrence when sentencing for incest and indecent treatment of a child.
Orders
Orders of the court
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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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