R v K

[2003] QCA 521

SUPREME COURT OF QUEENSLAND

CITATION:	R v K [2003] QCA 521
PARTIES:	R v K (applicant)
FILE NO/S:	CA No 290 of 2003 DC No 270 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING  COURT:	District Court at Beenleigh
DELIVERED EX	20 November 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	20 November 2003
JUDGES:	McMurdo P, Davies JA and Wilson J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application for leave to appeal against sentence dismissed
CATCHWORDS:	CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – applicant convicted on own plea of four counts of indecent dealing with children under 16 – where sentenced to 12 months imprisonment and three years probation with condition that he participate in program or treatment appropriate for sexual offenders – where conviction recorded – where applicant showed remorse – where early plea of guilty – where applicant seeks leave to appeal against sentence – whether sentence manifestly excessive
COUNSEL:	T Williamson for the applicant C W Heaton for the respondent
SOLICITORS:	Bartels Lawyers for the applicant Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT: Justice Wilson will deliver her reasons first. WILSON J: The applicant seeks leave to appeal against sentence. He was convicted of four counts of indecent dealing with children under 16 between December 2000 and November 2001. The children were his stepchildren. Three of the offences related to C who was aged 12 and 13 when the offences occurred and the fourth related to her sister J who was aged 14.

The offences all involved inappropriate touching. Two of them also involved digital penetration of the complainant's vagina.

The applicant pleaded guilty to an ex officio indictment. On each count a conviction was recorded. He was sentenced to 12 months imprisonment with three years probation, with the added

condition that he participate in any program or treatment
appropriate for sexual offenders.

The application for leave to appeal against sentence was brought on the basis that the sentence was excessive.

The applicant was born on 10 December 1955 so that he was aged 47 at sentence. His only other conviction is for breach of a domestic violence order which was committed in February 2002, that is, after these offences.

These offences were reported to police on 26 November 2001. liars. While he could recall only two of the incidents, he was prepared to accept the other incidents had occurred if the complainant said so. He denied digital penetration, but then said he accepted what the complainant said and he was sentenced on the basis that there had been such penetration.

Initially the applicant denied them. Some days later he
contacted police and participated in a record of interview.

As I say, he pleaded guilty, thereby saving the complainants the trauma of giving evidence and being cross-examined. His conduct is indicative of genuine remorse.

By December…