SUPREME COURT OF QUEENSLAND
CITATION:
R v Horsfall [2024] QCA 144
PARTIES:
R
v
HORSFALL, Andrew Justin
(applicant)FILE NO/S:
CA No 196 of 2022
SC No 1132 of 2021DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 26 August 2022 (Brown J)
DELIVERED ON:
9 August 2024
DELIVERED AT:
Brisbane
HEARING DATE:
8 July 2024
JUDGES:
Mullins P and Boddice JA and Crowley J
ORDER:
The application for leave to appeal is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty and was sentenced for 45 Commonwealth “child sex offences” – where a global penalty was imposed on one count to reflect the totality of the applicant’s criminality – where the offending period was relatively short but of a high level of intensity – where the offending was of at least moderate severity – where the applicant cooperated with police – where the sentencing judge did not find there was any evidence of remorse beyond the applicant’s plea of guilty – where the applicant lacked insight into the gravity of his offending – where the applicant raised post-sentence conduct or matters known at the time of sentencing but were not relied upon by the applicant – whether the applicant’s personal circumstances were given sufficient weight by the sentencing judge – whether the sentence is manifestly excessive in all the circumstances
Crimes Act 1914 (Cth), Pt 1B
Commonwealth Director of Public Prosecutions v CCQ[2021] QCA 4, considered
Lyons v R [2017] NSWCCA 204, distinguished
R v Dowd, unreported, Supreme Court of Queensland, Ryan J, SC No 1369 of 2017, 8 May 2018, distinguished
R v Hughes [2004] 1 Qd R 541; [2003] QCA 460, cited
R v KAT[2018] QCA 306, distinguished
R v Maniadis [1997] 1 Qd R 593; [1996] QCA 242, citedCOUNSEL:
The applicant appeared on his own behalf
M F Bonasia for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Commonwealth) for the respondents
MULLINS P: I agree with Crowley J.
BODDICE JA: I agree with Crowley J.
CROWLEY J: On 26 August 2022, the applicant pleaded guilty and was sentenced to 8 years and 6 months’ imprisonment in respect of 45 “child sex offences” under the Criminal Code (Cth). A single non-parole period of 4 years and 3 months was fixed.
The applicant seeks leave to appeal his sentence. The sole ground of appeal contained in his application is that the sentence is manifestly excessive.
The details of the particular offences for which the applicant was sentenced are:
| Offence | Maximum Penalty[1] |
| Count 1: Using a carriage service to groom a person believed to be under 16 years of age to engage in sexual activity – s 474.27(1) Criminal Code | 12 years’ imprisonment |
| Count 2: Using a carriage service to transmit an indecent communication… |
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- R v Horsfall [2024] QCA 144
- Case
- [2024] QCA 144
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed on Horsfall by the sentencing judge was manifestly excessive, thereby justifying an appeal. This required the court to examine the grounds upon which the applicant based his claim of manifest excess and determine whether these grounds were sufficient to warrant further judicial review.
In evaluating the applicant's claims, the court considered the arguments presented regarding the sentence's severity and any additional matters raised by the applicant. The court found that none of the applicant's complaints, whether considered individually or collectively, demonstrated that the sentence was manifestly excessive. The court determined that the applicant had not provided any compelling reason to address the additional matters beyond his primary complaint of manifest excess. Consequently, the court concluded that none of the applicant’s grievances were tenable.
The court ordered that the application for leave to appeal was refused, thereby upholding the sentence imposed by the sentencing judge. The decision affirmed that the sentence was not manifestly excessive and dismissed the applicant's grounds for appeal.
Orders
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