R v Grehan

[2010] QCA 42

SUPREME COURT OF QUEENSLAND

CITATION:

R v Grehan [2010] QCA 42

PARTIES:

R
v
GREHAN, Gregory Bryan
(applicant)

FILE NO/S:

CA No 283 of 2009
DC No 3069 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

5 March 2010

DELIVERED AT:

Brisbane

HEARING DATE:

11 February 2010

JUDGES:

Holmes, Muir and Chesterman JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.    Leave to appeal against sentence is granted;

2.    The appeals are allowed;

3.    Substitute for the sentences imposed on each of counts 1 and 2 a sentence of two years’ imprisonment to be suspended after serving six months, with an operational period of two years;

4.    Substitute for the sentence imposed on count 3 a sentence of two years’ imprisonment with the applicant to be released upon recognizance after serving six months.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – the applicant pleaded guilty to two counts of knowingly possessing child exploitation material and one count of using a carriage service to access child pornography material – counts one and two related to 40,344 images and 4,572 images respectively – the applicant was sentenced to three years and one day’s imprisonment on each count, the imprisonment with respect to counts one and two to be suspended after 18 months and an 18 month non-parole period fixed in respect of count 3 – the applicant had no prior criminal history – the applicant fully co-operated with the police investigation – the large number of images was largely explicable by the applicant’s mental illness, chronic obsessive compulsive disorder – whether the primary judge erred in imposing sentences of imprisonment primarily by way of deterrence – whether the sentences imposed were manifestly excessive

Crimes Act 1914 (Cth), s 19AB, s 19AC
Criminal Code Act 1995 (Cth), s 474.19(1)
Criminal Code 1899 (Qld), s 228D

R v Carlton [2009] QCA 241, followed
R v Elliott [2000] QCA 267, applied
R v Gordon; ex parte Cth DPP [2009] QCA 209, distinguished
R v Neumann; ex parte A-G (Qld) [2007] 1 Qd R 53; [2005] QCA 362, applied
R v Oliver [2003] 1 Cr App R 28, cited
R v Vantoosten [2009] QCA 54, followed
R v Verburgt [2009] QCA 33, followed

COUNSEL:

T Glynn, with W A McGill for the applicant
D N Adsett, with A J Stoker for the respondent

SOLICITORS:

Eaton Lawyers for the applicant
Director of Public Prosecutions (Commonwealth) for the respondent

1. HOLMES JA:  I agree with the reasons of Chesterman JA and the orders he proposes.

1. MUIR JA:  I agree with the reasons of Chesterman JA and with his proposed orders.

1. CHESTERMAN JA: On 29 October 2009 the applicant pleaded guilty in the District Court of Brisbane to two counts of knowingly possessing child exploitation material, on 28…