SUPREME COURT OF QUEENSLAND
CITATION:
R v Hansen [2018] QCA 153
PARTIES:
R
v
HANSEN, Craig Lindsay
(applicant)FILE NO/S:
CA No 265 of 2017
DC No 1881 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 12 October 2017 (Chief Judge O’Brien)
DELIVERED ON:
6 July 2018
DELIVERED AT:
Brisbane
HEARING DATE:
16 April 2018
JUDGES:
Fraser JA and Mullins and Bond JJ
ORDERS:
1. Application for leave to appeal against sentence granted.
2. Appeal against sentence allowed.
3. The sentence for count 6 varied by setting aside the sentence of imprisonment and not further punishing the applicant.
4. The sentences for each of counts 7 to 11 varied by substituting six months’ imprisonment for three years’ imprisonment.
5. The sentence for count 13 varied by substituting three years four months’ imprisonment for four years’ imprisonment.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – JUDGE ACTED ON WRONG PRINCIPLE – where applicant was sentenced for one count of unlawful carnal knowledge of a person with an impairment of the mind under care, one count of indecent dealing with a person with an impairment of the mind and five counts of indecent dealing with a person with an impairment of the mind under care – where the sentencing judge was wrongly informed by the prosecutor and defence counsel that there was no power to fix a parole eligibility date – where the respondent conceded error was made – where applicant must be re-sentenced – where the applicant had an intellectual impairment and personality disorder – where the applicant had 1,215 days spent in presentence custody that was not declarable – where the offences were committed whilst the applicant was on a supervision order made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where the applicant had a relevant criminal history – where guilty pleas were late – where protection of the community paramount
Attorney-General v Hansen [2006] QSC 35, related
Attorney-General for the State of Queensland v Hansen [2011] QSC 123, related
R v Bell; ex parte Attorney General (Qld)[2002] QCA 344, considered
R v Bowley (2016) 262 A Crim R 93; [2016 QCA 254, cited
R v Cutts[2005] QCA 306, considered
R v Libke[2006] QCA 242, considered
R v Raphael[2009] QCA 145, considered
Veen v The Queen [No 2] (1998) 164 CLR 465; [1988] HCA 14, consideredCOUNSEL:
D A Holliday for the applicant
M B Lehane for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Mullins J and the orders proposed by her Honour.
MULLINS J: The applicant Mr Hansen was on a supervision order made on 4 May 2011 pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (DPSOA), when on 31 May and…
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- AGLC
- R v Hansen [2018] QCA 153
- Case
- [2018] QCA 153
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the sentencing judge's misunderstanding of the legal framework constituted a significant error that warranted interference with the sentence. Given the misapprehension about the ability to set a parole eligibility date, the court found that the judge had acted on a wrong principle. The applicant's intellectual impairment and personality disorder, coupled with the substantial time already spent in presentence custody, were significant mitigating factors. Additionally, the fact that the offences were committed while Hansen was on a supervision order and his relevant criminal history were pertinent considerations. The late entry of guilty pleas and the paramount need to protect the community were also factors in the sentencing calculus.
The Court of Appeal granted leave to appeal against the sentence and allowed the appeal. The sentence for count 6 was varied by setting aside the imprisonment sentence and imposing no further punishment. The sentences for counts 7 to 11 were varied by substituting six months’ imprisonment for the original three-year sentences. Finally, the sentence for count 13 was varied by substituting three years and four months’ imprisonment for the original four-year sentence.
Orders
Orders of the court
1. Application for leave to appeal against sentence granted.
2. Appeal against sentence allowed.
3. The sentence for count 6 varied by setting aside the sentence of imprisonment and not further punishing the applicant.
4. The sentences for each of counts 7 to 11 varied by substituting six months’ imprisonment for three years’ imprisonment.
5. The sentence for count 13 varied by substituting three years four months’ imprisonment for four years’ imprisonment.
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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