R v IB

[2008] QCA 356

SUPREME COURT OF QUEENSLAND

CITATION:

R v IB [2008] QCA 356

PARTIES:

R
v
IB
(appellant)

FILE NO/S:

CA No 111 of 2008
DC No 2493 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

14 November 2008

DELIVERED AT:

Brisbane

HEARING DATE:

21 October 2008

JUDGES:

Keane and Holmes JJA and White AJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.  Appeal against conviction dismissed
2.  Application for leave to appeal against sentence 
     dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where appellant convicted of two counts of indecent treatment of a child under 16 who was his lineal descendant and one count of rape – where appellant complained that relevant evidence was not adduced in Crown case – where appellant argued that convictions were unsafe and unsatisfactory because of inconsistencies in the complainant’s evidence and between her evidence and that of other witnesses – whether verdicts were unreasonable

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – where appellant sentenced to two and a half years imprisonment for one count of rape, to be served concurrently with sentences of 12 and 18 months for two charges of indecent treatment of a child under 16 who was his lineal descendant – where complainant was the appellant’s daughter – where appellant had no criminal history – where offences caused great distress to complainant – whether the sentences imposed were manifestly excessive

Evidence Act 1977 (Qld), s 93A

R v LQ[2005] QCA 356, considered
R v MAI [2005] QCA 36, considered
M v R (1994) 181 CLR 487; [1994] HCA 63, cited
R v NH[2006] QCA 476, considered

COUNSEL:

The appellant appeared on his own behalf
M R Byrne for the respondent

SOLICITORS:

The appellant appeared on his own behalf
Director of Public Prosecutions (Qld) for the respondents

1. KEANE JA:  I have had the advantage of reading a draft of the reasons for judgment prepared by Holmes JA.  I agree with her Honour's reasons and the orders proposed by her Honour.

1. HOLMES JA: The appellant appeals against his conviction on two counts of indecent treatment of a child under 16 who was his lineal descendant and one count of rape, on the ground that those convictions were unsafe and unsatisfactory.  He seeks leave to appeal against concurrent sentences imposed, of 12 months and 18 months imprisonment respectively, on the indecent dealing counts, and two and a half years imprisonment on the rape, on the ground that those sentences are manifestly excessive.

The complainant’s…