SUPREME COURT OF QUEENSLAND
CITATION:
R v HAN [2008] QCA 106
PARTIES:
R
v
HAN
(applicant/appellant)FILE NOS:
CA No 76 of 2008
DC No 105 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
2 May 2008
DELIVERED AT:
Brisbane
HEARING DATE:
18 April 2008
JUDGES:
Muir JA, White and Lyons JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave to appeal against sentence granted
2. Set aside the sentences imposed and in lieu thereof order that a period of imprisonment of six years be imposed for count 1; a period of imprisonment of three years be imposed for count 3; and a period of imprisonment of two years be imposed for each of counts 2, 4, 5, and 6
3. All sentences to be served concurrently
4. The applicant be eligible for parole at 10 March 2010
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – applicant pleaded guilty to one count of maintaining a sexual relationship with his daughter with circumstances of aggravation – head sentence of seven years imprisonment – parole eligibility date not fixed – the complainant was between 13 and 17 when the offences occurred – the applicant procured the complainant to perform fellatio upon him ‘daily’ for a period of three years – where relevant mitigating factors – sentence was manifestly excessive
Corrective Services Act 2006 (Qld), s 184(2)
R v A, (unreported, District Court of Queensland, Shanahan DCJ, 17 October 2007), distinguished
R v BAT [2005] QCA 82, considered
R v C [2000] QCA 145, considered
R v GY[2007] QCA 103, considered
R v H[2003] QCA 392, distinguished
R v MAH [2005] QCA 13, considered
R v PAD[2006] QCA 398, considered
R v R [2001] QCA 488, considered
R v S [2001] QCA 54, considered
R v SAG [2004] QCA 286, considered
R v SAH [2004] QCA 329, considered
R v Schneider; ex parte A-G (Qld) [2008] QCA 25, consideredCOUNSEL:
J R Hunter for the applicant/appellant
M J Copley for the respondentSOLICITORS:
Ben Miller Solicitors for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent
MUIR JA: I agree with the reasons of Lyons J and the orders she proposes.
WHITE J: I agree with the reasons of Lyons J and the orders she proposes.
LYONS J: On 10 March 2008 the applicant pleaded guilty on a six count indictment which charged one count of maintaining a sexual relationship with a child with circumstances of aggravation, two counts of indecent treatment of a child under 16 who was a lineal descendant, one count of rape,…
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- AGLC
- R v HAN [2008] QCA 106
- Case
- [2008] QCA 106
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the original sentence was manifestly excessive and whether the applicant's mitigating circumstances warranted a reduction in sentence. The court needed to balance the severity of the crimes against the applicant's personal circumstances and any mitigating factors to determine an appropriate sentence. The court also considered the principles of sentencing for such serious offences and the need to ensure the sentence reflects the gravity of the crimes while also considering the applicant's potential for rehabilitation.
The court found that the original sentences were indeed manifestly excessive and did not adequately reflect the seriousness of the offences or the need to protect the community. After considering the mitigating factors and the principles of sentencing, the court set aside the original sentences and imposed new sentences that it deemed more appropriate. The new sentences included a period of imprisonment of six years for the first count, three years for the third count, and two years for each of the remaining counts, to be served concurrently. The court also set a parole eligibility date of 10 March 2010. This decision aimed to ensure that the sentence was both proportionate to the crimes committed and reflective of the mitigating factors present in the case.
Orders
Orders of the court
1. Application for leave to appeal against sentence granted
2. Set aside the sentences imposed and in lieu thereof order that a period of imprisonment of six years be imposed for count 1; a period of imprisonment of three years be imposed for count 3; and a period of imprisonment of two years be imposed for each of counts 2, 4, 5, and 6
3. All sentences to be served concurrently
4. The applicant be eligible for parole at 10 March 2010
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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