SUPREME COURT OF QUEENSLAND
CITATION:
R v Horvath [2014] QCA 344
PARTIES:
R
v
HORVATH, Sandor Jozsef
(appellant)FILE NO/S:
CA No 35 of 2014
DC No 1794 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction – Further Orders
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
19 December 2014
DELIVERED AT:
Brisbane
HEARING DATE:
Heard on the papers
JUDGES:
Holmes and Morrison JJA and Philip McMurdo J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
The appellant is sentenced to nine months and 29 days imprisonment on count 1.1.
prisonment on count 4.The appellant is sentenced to six months im2.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – APPEAL ALLOWED – where the appellant was convicted, after a trial, of five counts of indecent treatment of a child under 16, in three instances with the aggravating circumstance that she was under 12 years – where three of those counts were set aside on appeal – where the appellant falls to be re-sentenced on the two remaining counts – where the appellant has already served nine months and 29 days in custody – whether that sentence constitutes an adequate penalty for the offending
GAF v QPS[2008] QCA 190, considered
R v CBI[2013] QCA 186, considered
R v Halvorsen[1994] QCA 565, considered
R v Horvath[2014] QCA 273, related
R v KT; ex parte Attorney-General (Qld)[2007] QCA 340, considered
R v Porter; ex parte Attorney-General (Qld)[2009] QCA 353, consideredCOUNSEL:
No appearance for the appellant, the appellant’s submissions were heard on the papers
No appearance for the respondent, the respondent’s submissions were heard on the papersSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: The appellant was convicted, after a trial, of five counts of indecent treatment; three of those counts were set aside on appeal.[1] He now falls to be re-sentenced on the two remaining counts, Counts 1 and 4.
The offences
The complainant was the daughter of friends of the appellant, and on occasions he looked after her because of conflict in her own family. During school holidays, when she was 11, he looked after her at his home while her parents worked. She was playing computer games when he sat next to her, touched her chest and put his finger into her underpants. He touched her vaginal area; she described him as “playing” with it. He desisted when she told him to stop. That conduct was the subject of count 1. On the complainant’s twelfth birthday, the appellant took her shopping. While driving there, he touched her chest area, through her clothes, for about five seconds and said that her “boobs” had grown. That offence gave rise to count 4.
The appellant was aged between…
Continue reading R v Horvath
Sign in free to access the full text
- AGLC
- R v Horvath [2014] QCA 344
- Case
- [2014] QCA 344
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the verdict was unreasonable or insupportable in light of the evidence presented. Additionally, the court had to consider the appropriate sentence for the two remaining counts, taking into account the time the appellant had already served in custody. The court considered whether the sentence imposed was sufficient to reflect the gravity of the offences committed against a vulnerable child.
The court found that the verdict for three of the counts was indeed unreasonable, given the evidence. It was determined that the appellant should be re-sentenced on the two remaining counts. In assessing the adequacy of the sentence already served, the court recognised that it was important to impose a penalty that reflected the seriousness of the offences, whilst also considering the time the appellant had already spent in custody. The court concluded that the sentence of nine months and 29 days was adequate and proportionate to the remaining offences.
The final orders of the court were that the appellant be sentenced to nine months and 29 days imprisonment on count 1.1 and six months imprisonment on count 2, with the time already served to be taken into account.
Orders
Orders of the court
The appellant is sentenced to nine months and 29 days imprisonment on count 1.1.
prisonment on count 4.The appellant is sentenced to six months im2.
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.