R v Lawrence

[2002] QCA 526

SUPREME COURT OF QUEENSLAND

CITATION:

R v Lawrence [2002] QCA 526

PARTIES:

R
v
LAWRENCE, Mark Richard
(appellant)

FILE NO/S:

CA No 131 of 2002

DC No 3421 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EXTEMPORE ON:

2 December 2002

DELIVERED AT:

Brisbane

HEARING DATE:

2 December 2002

JUDGES:

McMurdo P, Helman and Philippides JJ

Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Appeal against conviction dismissed 

Refuse application for leave to appeal against sentence 

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT - where appellant convicted of one count of rape and one count of sexual assault with a circumstance of aggravation – whether conviction unsafe and unsatisfactory

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - where appellant sentenced to 7 years imprisonment and declared to have committed a serious violent offence – where retrial – where appellant sentenced to 6 years imprisonment with a declaration under part 9A Penalties and Sentences Act 1992 (Qld) at first trial – whether sentence of 6 years was manifestly inadequate – whether sentence of 7 years was manifestly excessive

R v Petersen [1999] 2 Qd R 85, considered
Veen v R(No 2) (1988) 164 CLR 465, cited

COUNSEL:

The appellant appeared on his own behalf
R G Martin for the respondent

SOLICITORS:

The appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  The appellant, who is self-represented, was convicted after a trial of one count of rape and one count of sexual assault with a circumstance of aggravation.  He was sentenced to seven years' imprisonment and was declared to have been convicted of a serious violent offence.  He appeals against his conviction on the grounds that it is unsafe and unsatisfactory and not according to law and seeks leave to appeal against the sentence on the grounds that it was manifestly excessive in all the circumstances.

In his outline of submissions the appellant has expanded considerably upon his grounds of appeal against conviction, a consideration of which involves some knowledge of the facts.  The complainant was a 27 year old slightly built man on remand at the Moreton B Correctional Centre, awaiting sentence on seven counts of arson.  He gave evidence that he first met the appellant, a fellow inmate, when the appellant introduced himself and asked him to get a girl to visit him in gaol.  They next met when the appellant moved into the complainant's dormitory of six individual cubicles with beds.  A few days afterwards the appellant touched and hugged the complainant on two or three occasions and on one occasion kissed him on the head.  The complainant reacted angrily and spurned the appellant's advances.  The appellant also…