R v IC

[2012] QCA 148

SUPREME COURT OF QUEENSLAND

CITATION:

R v IC [2012] QCA 148

PARTIES:

R
v
IC
(applicant)

FILE NO/S:

CA No 26 of 2012
DC No 46 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Childrens Court at Cairns

DELIVERED ON:

8 June 2012

DELIVERED AT:

Brisbane

HEARING DATE:

28 May 2012

JUDGES:

Holmes and Fraser JJA, Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   The applicant have leave to appeal against the sentence imposed on 12 December 2011.

2.   The appeal be allowed and the sentence be set aside.

3.   A sentence of 16 months detention be substituted, the applicant to be released from detention after serving 50 per cent of that sentence.

4.   It is recommended that the applicant attend the Griffith Youth Forensic Service.

5.   It is ordered that no conviction be recorded.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant, a juvenile, pleaded guilty to one count of rape – where applicant was sentenced to two years detention, to be released after serving 50 per cent, with no conviction recorded and a recommendation that the applicant attend the Griffith Youth Forensic Service or other program as directed – whether sentencing judge erred in the exercise of the sentencing discretion – whether sentence manifestly excessive

Youth Justice Act 1992 (Qld), s 150, s 227(2)

R v A; ex parte A-G (Qld) [2001] QCA 542, cited
R v DAU; ex parte A-G (Qld) [2009] QCA 244, considered
R v E; ex parte A-G (Qld) (2002) 134 A Crim R 486; [2002] QCA 417, cited
R v JAJ [2003] QCA 554, considered
R v KU & Ors; ex parte A-G (Qld) (No 2) [2011] 2 Qd R 439; [2008] QCA 154, cited
R v PZ; ex parte A-G (Qld)[2005] QCA 459, considered
R v R [1996] QCA 75, cited
R v SBR [2010] QCA 94, cited

COUNSEL:

J P Benjamin for the applicant
B J Merrin for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. HOLMES JA:  I agree with the reasons of Philippides J and the orders she proposes.

1. FRASER JA:  I agree with the reasons for judgment of Philippides J and the orders proposed by her Honour.

1. PHILIPPIDES J: The applicant was sentenced on 12 December 2011 to two years detention on his plea to one count of rape committed on 19 February 2011. Pursuant to s 227(2) Youth Justice Act 1992 (Qld) (“Youth Justice Act”) the sentencing judge ordered that the applicant be released from detention after serving 50 per cent of the sentence.  The applicant seeks leave to appeal against the sentence imposed, the grounds of appeal being that the sentence imposed was manifestly excessive.

1. The applicant was born on 15 April 1996…