R v JAJ

Case [2003] QCA 554 12 December 2003

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SUPREME COURT OF QUEENSLAND

CITATION:

R v JAJ [2003] QCA 554

PARTIES:

R
v
JAJ
(applicant)

FILE NO/S:

CA No 321 of 2003
DC No 249 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

12 December 2003

DELIVERED AT:

Brisbane

HEARING DATE:

28 November 2003

JUDGES:

McMurdo P, Chesterman and Mullins JJ
Separate reasons for judgment of each member of the Court, McMurdo P and Mullins J concurring as to the orders made, Chesterman J dissenting

ORDERS:

1. Amend the indictment in this matter presented in the District Court at Townsville on 22 April 2003 by adding the words "JAJ" before the word "raped"
2. Grant the application for leave to appeal against sentence
3. Allow the appeal and instead of four years detention, substitute a sentence of three years detention
4. Otherwise confirm the sentence imposed at first instance

CATCHWORDS:

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE –JUVENILE OFFENDERS – OTHER MATTERS – where applicant pleaded guilty to rape and sentenced to four years detention to be released after serving 50 per cent of that time – whether special and unusual circumstances of applicant support sentence of three years detention – whether sentence manifestly excessive

Juvenile Justice Act 1992 (Qld), s 209, Sch 1

R v A [2001] QCA 542; CA No 275 of 2001, 28 November 2001, distinguished
R v C [1996] QCA 014; CA No 436 of 1995, 13 February 1996, distinguished
R v E; ex parte Attorney-General (Qld) [2002] QCA 417; CA Nos 214 and 217 of 2002, 19 September 2002, distinguished
R v S [2003] QCA 107; CA No 45 of 2002, 13 March 2003, distinguished
R v WBD [2001] QCA 014; CA No 63 of 2001, 6 June 2001, considered

COUNSEL:

A Moynihan for the applicant
M J Copley for the respondent

SOLICITORS:

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

McMURDO P: The applicant, who was sentenced under the Juvenile Justice Act 1992 (Qld) ("the Act"), pleaded guilty on 22 April 2003 to one count of raping his three and a half year old step-brother. Pre-sentence reports were ordered and the applicant was released on bail until his sentence on 5 September 2003 when a conviction was recorded and he was sentenced to four years detention to be released after serving 50 per cent of that time. An order was also made that on his release he was to report his name and address to the officer in charge of the Townsville Police Station and for a period of five years he was to report any changes to his name and address within 48 hours to the nearest police station. The applicant contends the sentence was manifestly excessive in all the circumstances.

The applicant was 16 years old at the time of the offence and 17 years old at sentence. He had no relevant criminal history although he had been reprimanded for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v JAJ

Details

AGLC: R v JAJ [2003] QCA 554
Case: [2003] QCA 554
Decision Date: 12 December 2003

CaseChat Overview and Summary

In the matter of R v JAJ, the applicant, JAJ, pleaded guilty to a charge of rape and was sentenced to four years detention, with the condition that he would be released after serving half of that time. JAJ appealed against the sentence, arguing that special and unusual circumstances justified a lesser penalty and that the original sentence was manifestly excessive. The appeal was heard by a higher court, which needed to decide whether the sentence was appropriate given the circumstances and whether it was manifestly excessive.

The court considered the special and unusual circumstances of the case, including JAJ's age at the time of the offence and his background. The court also examined whether the sentence was manifestly excessive, taking into account the seriousness of the offence and the need to deter similar conduct in the future. The court noted that JAJ had shown remorse for his actions and had no prior criminal record. The court concluded that the special and unusual circumstances of the case, as well as the need to ensure that the sentence was proportionate to the offence, supported a reduction in the sentence.

Having considered the arguments and evidence presented, the court allowed the appeal and substituted a sentence of three years detention in place of the original four-year sentence. The court found that the original sentence was manifestly excessive and that the reduced sentence was appropriate given the circumstances of the case. The court confirmed the rest of the sentence imposed at first instance.

The court made several orders in relation to the case. The first order was to amend the indictment in the matter by adding the words "JAJ" before the word "raped." The second order was to grant the application for leave to appeal against the sentence. The third order was to allow the appeal and substitute a sentence of three years detention in place of the original four-year sentence. The court also confirmed the rest of the sentence imposed at first instance.

Orders

Orders of the court

1. Amend the indictment in this matter presented in the District Court at Townsville on 22 April 2003 by adding the words "JAJ" before the word "raped"

2. Grant the application for leave to appeal against sentence

3. Allow the appeal and instead of four years detention, substitute a sentence of three years detention

4. Otherwise confirm the sentence imposed at first instance

Background

Background to the litigation

Full text does not contain this section.

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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Actions

Citations

R v JAJ [2003] QCA 554

Most Recent Citation

R v MAC [2004] QCA 317

Cases Citing This Decision

R v DBT; R v HMM; R v ACA; R v NY [2020] QCA 170
Citation 1 (Para 13)

…t in R v MAC ([2004] QCA 317; CA No 118 of 2004, 3 September 2004), R v S ([2003] QCA 107; CA No 445 of 2002, 13 March 2003) and R v JAJ ([2003] QCA 554; CA No 321 of 2003, 12 December 2003) confirm that a range of three to five years detention is appropriate in the case of juvenile offenders who commit rape and…
R v AAV [2014] QCA 343
Citation 2 (Para 1)

…on with release after 70 per cent of that period) and R v AAQ [6] (three years detention with release after 50 per cent of that period). [4][2003] QCA 554. [5][2009] QCA 278. [6][2012] QCA 335.…
R v Way; Ex parte [2013] QCA 398
Citation 3 (Para 1)

…d on its own unique facts. ZTJ [23] was also readily distinguishable. This case required a much longer period of detention than both LY and ZTJ . [19][2003] QCA 554, [20]. [20](2002) 134 A Crim R 486, [37]. [21][2000] 1 Qd R 460, 463. [22][2008] QCA 76. [23]Unreported, Supreme Court of Queensland, Indictment No 1…
R v KAL [2013] QCA 317
Citation 4 (Para 1)

…th release after 50 per cent was appropriate. [13][2001] QCA 542. [14][2005] QCA 459. [15][2009] QCA 244. [16][2003] QCA 107. [17][2012] QCA 148. [18][2003] QCA 554.…
R v SBY [2013] QCA 50
Citation 5 (Para 1)

…lack of insight and empathy of the applicant. The prosecutor sought a three year probation order in respect of the indecent treatment offences. [10][2003] QCA 554. [11][2004] QCA 317. [12][2010] QCA 94. [13]See Youth Justice Act 1992, s 176 and s 182.…
R v AAQ [2012] QCA 335
Citation 6

…were recorded – whether sentence manifestly excessive Youth Justice Act 1992 (Qld), s 3, s 150(2)(e), s 207(3), s 276B R v JAJ [2003] QCA 554, cited R v MAC [2004] QCA 317, cited R v MBQ; ex parte Attorney-General (Qld) [2012] QCA 202, distinguished R v PZ; ex parte Attorney-General (Qld) [2005] QCA 459, conside…
R v MBQ; Ex parte Attorney-General (Qld) [2012] QCA 202
Citation 7 (Para 1)

…ifference in age between the complainant and the respondent required that he spend a period in detention. [1][2009] QCA 244. [2][2011] 1 Qd R 439. [3][2003] QCA 554. [4][2004] QCA 317.…
R v IC [2012] QCA 148
Citation 8 (Para 1)

…After an extensive review of authorities such as R v PZ; ex parte A-G (Qld) [2005] QCA 459, R v JAJ [2003] QCA 554, R v E; ex parte A-G (Qld) (2002) 134 A Crim R 486; [2002] QCA 417, R v KU & Ors; ex parte A-G (Qld) (No 2) [2011] 2 Qd R 439; [2008] QCA 154, and R v A; ex parte A‑G (Qld) [2001] QCA 542, which were…
R v EI [2009] QCA 278
Citation 9 (Para 1)

…R v JAJ [2003] QCA 554 may suggest that three years detention was excessive. JAJ was a more serious case of rape resulting in a term of detention of three years. JAJ was 16 when he raped his three and a half year old step-brother whom he had been left to look after at home when the adults of the family went out.…
R v DAU; Ex parte Attorney-General (Qld) [2009] QCA 244
Citation 10

…tice Act 1992 (Qld), s 150, s 176, s 184 R v E; ex parte A-G (Qld) (2002) 134 A Crim R 486; [2002] QCA 417, cited R v JAJ [2003] QCA 554, cited R v KU & Ors; ex parte A-G (Qld) [2008] QCA 154, cited R v PZ; ex parte A-G (Qld) [2005] QCA 459, cited COUNSEL: A W Moynihan SC, with L P Brisick, for the appellant S Ha…
R v KU; ex parte Attorney-General (No 2) [2008] QCA 154
Citation 11

…rlam; ex parte A-G [2002] QCA 235, considered R v JAJ [2003] QCA 554, considered R v Jobson , unreported, Court of Criminal Appeal, Qld, CA No 325 of 1989, 6 August 1990, considered R v L; ex parte A-G (Qld) [2000] QCA 123, considered R v LY [2008] QCA 76, cited R v M; ex parte Attorney-General [2000] 2 Qd R 543;…
R v PZ; ex parte Attorney-General [2005] QCA 459
Citation 12 (Para 1)

…rape and plead guilty to the offence. [6][2004] QCA 317; CA No 118 of 2004, 3 September 2004. [7][2003] QCA 107; CA No 445 of 2002, 13 March 2003. [8][2003] QCA 554; CA No 321 of 2003, 12 December 2003.…
R v JJ; R v JJ; ex parte [2005] QCA 153
Citation 13 (Para 1)

…t he should attract a sentence of between three and four years for this offence in 1991. Cf R v C [1996] QCA 014; R v WBD [2001] QCA 250; R v JAJ [2003] QCA 554.…
R v MAC [2004] QCA 317
Citation 14 (Para 1)

…ofessionally trained adults attempt to help him. The sentence does not appear manifestly excessive by comparison with the sentence imposed in R v JAJ [2003] QCA 554, where a sentence of three years detention was imposed on an offender who had anally raped his three and a half year old step-brother. That offender…

See all citing cases →

Cases Cited

R v S [2003] QCA 107
Citation 1 (Para 1)

…of the large number and seriousness of the offending when the applicant, though young, had no immediately promising prospects of rehabilitation. [10][2003] QCA 107; CA No 45 of 2002, 13 March 2003.…
R v E; ex parte [2002] QCA 417
Citation 2 (Para 1)

…llowed and an effective sentence of four years detention was substituted, with an order that E be released after serving 50 per cent of that term. [7][2002] QCA 417; CA No 214 and 217 of 2002, 19 September 2002.…
R v A [2001] QCA 542
Citation 3 (Para 1)

…nciation of such crimes of violence and the need to impose an appropriate deterrent penalty and community protection were relevant considerations. [6][2001] QCA 542; CA No 275 of 2001, 28 November 2001.…
R v WBD [2001] QCA 250
Citation 4 (Para 1)

…offences and was therefore thought to have promising prospects of rehabilitation. The sentence was reduced to three and a half years imprisonment. [8][2001] QCA 250; CA No 63 of 2001, 6 June 2001.…
QCA 369, cited R v C [1996] QCA 014
Citation 5 (Para 1)

…t was three years and reduced the sentence accordingly, without interfering with the order for release after serving 50 per cent of that sentence. [9][1996] QCA 014; CA No 436 of 1995, 13 February 1996.…
CA No 45 of 2002, 13 March 2003, distinguished R v WBD [2001] QCA 014
Citation 6

…Nos 214 and 217 of 2002, 19 September 2002, distinguished R v S [2003] QCA 107; CA No 45 of 2002, 13 March 2003, distinguished R v WBD [2001] QCA 014; CA No 63 of 2001, 6 June 2001, considered COUNSEL: A Moynihan for the applicant M J Copley for the respondent SOLICITORS: Legal Aid Queensland for the applicant D…

Legislation Cited

Juvenile Justice Act 1992 (Qld) 209
2 mentions (from Para 1)

CITATION:	R v JAJ [2003] QCA 554
PARTIES:	R v JAJ (applicant)
FILE NO/S:	CA No 321 of 2003 DC No 249 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Townsville
DELIVERED ON:	12 December 2003
DELIVERED AT:	Brisbane
HEARING DATE:	28 November 2003
JUDGES:	McMurdo P, Chesterman and Mullins JJ Separate reasons for judgment of each member of the Court, McMurdo P and Mullins J concurring as to the orders made, Chesterman J dissenting
ORDERS:	1. Amend the indictment in this matter presented in the District Court at Townsville on 22 April 2003 by adding the words "JAJ" before the word "raped" 2. Grant the application for leave to appeal against sentence 3. Allow the appeal and instead of four years detention, substitute a sentence of three years detention 4. Otherwise confirm the sentence imposed at first instance
CATCHWORDS:	CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE –JUVENILE OFFENDERS – OTHER MATTERS – where applicant pleaded guilty to rape and sentenced to four years detention to be released after serving 50 per cent of that time – whether special and unusual circumstances of applicant support sentence of three years detention – whether sentence manifestly excessive Juvenile Justice Act 1992 (Qld), s 209, Sch 1 R v A [2001] QCA 542; CA No 275 of 2001, 28 November 2001, distinguished R v C [1996] QCA 014; CA No 436 of 1995, 13 February 1996, distinguished R v E; ex parte Attorney-General (Qld) [2002] QCA 417; CA Nos 214 and 217 of 2002, 19 September 2002, distinguished R v S [2003] QCA 107; CA No 45 of 2002, 13 March 2003, distinguished R v WBD [2001] QCA 014; CA No 63 of 2001, 6 June 2001, considered
COUNSEL:	A Moynihan for the applicant M J Copley for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent