SUPREME COURT OF QUEENSLAND
CITATION:
R v Gibbons [2013] QCA 201
PARTIES:
R
v
GIBBONS, Jason Mark
(applicant)FILE NO/S:
CA No 31 of 2013
DC No 327 of 2012
DC No 409 of 2012
DC No 426 of 2012
DC No 438 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
26 July 2013
DELIVERED AT:
Brisbane
HEARING DATE:
17 June 2013
JUDGES:
Muir and Gotterson JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Grant leave to appeal against sentence.
2. Allow the appeal against sentence.3. Substitute a sentence of two and a half years imprisonment for the sentence of three years imprisonment for each of Counts 1 to 10 on indictment 327 of 2012.
4. With respect to the parole eligibility date substitute 8 September 2013 for 7 November 2013.
5. Otherwise confirm the orders imposed by the sentencing judge.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to 10 counts arising out of a sexual relationship with a child under 16 for which he was sentenced to three years imprisonment for each count to be served concurrently – where the applicant also pleaded guilty to two counts of assault causing bodily harm each with a circumstance of aggravation for which the applicant was sentenced to 18 months imprisonment to be served cumulatively and also three summary offences for which two attracted a period of one month imprisonment and the last attracted a fine – where the applicant contends that the sentence of three years for counts 1 to 10 was manifestly excessive – where the offending was characterised by the fact that the sexual activity was reciprocated from the outset with a willing engagement on the complainant’s part – where comparative cases suggest that a lower head sentence could be imposed – where the prosecution acceded that two and a half years would be an appropriate head sentence – whether the sentence imposed was manifestly excessive – whether the totality principle was considered in the total sentencing of the applicant
Criminal Code 1899 (Qld), s 208, s 210, s 215
R v AS[2004] QCA 220, considered
R v Carmichael & Armbruster[2009] QCA 41, considered
R v Phillips [2009] 2 Qd R 263; [2009] QCA 57, cited
R v Ritchie; ex parte A-G (Qld)[2009] QCA 270, considered
R v T; ex parte Attorney-General of Queensland[2002] QCA 132, consideredCOUNSEL:
F D Richards for the applicant
P McCarthy for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MUIR JA: I agree with the reasons of Gotterson JA and with the orders proposed by him.
GOTTERSON JA: On 8 February 2013, the applicant, Jason Mark Gibbons, was…
Continue reading R v Gibbons
Sign in free to access the full text
- AGLC
- R v Gibbons [2013] QCA 201
- Case
- [2013] QCA 201
- Decision Date
CaseChat Overview and Summary
The court found that the applicant's argument regarding the manifestly excessive nature of the sentence had merit. The court considered that the sexual activity was reciprocated from the outset and was characterised by willing engagement on the part of the complainant. The court noted that the prosecution's concession that a two-and-a-half-year head sentence would be appropriate, along with comparative cases suggesting a lower head sentence could be imposed, supported the applicant's contention. Additionally, the court found that the totality principle was not adequately considered when imposing the sentence.
The court granted leave to appeal against the sentence and allowed the appeal. The sentence of three years imprisonment for each of Counts 1 to 10 was substituted with a sentence of two and a half years imprisonment. The parole eligibility date was also adjusted to 8 September 2013 instead of 7 November 2013. All other orders imposed by the sentencing judge were confirmed.
Orders
Orders of the court
1. Grant leave to appeal against sentence.
2. Allow the appeal against sentence.
3. Substitute a sentence of two and a half years imprisonment for the sentence of three years imprisonment for each of Counts 1 to 10 on indictment 327 of 2012.
4. With respect to the parole eligibility date substitute 8 September 2013 for 7 November 2013.
5. Otherwise confirm the orders imposed by the sentencing judge.
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.