R v LBC

[2023] QCA 178

SUPREME COURT OF QUEENSLAND

CITATION:	R v LBC [2023] QCA 178
PARTIES:	R v LBC (applicant)
FILE NO/S:	CA No 215 of 2021 DC No 490 of 2021
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Cairns – Date of Conviction: 6 September 2021 (Fantin DCJ)
DELIVERED ON:	1 September 2023
DELIVERED AT:	Brisbane
HEARING DATE:	17 May 2023
JUDGES:	Morrison JA and North and Henry JJ
ORDER:	Application for leave to appeal against sentence refused.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant sought leave to appeal against sentence – where the applicant was convicted after a guilty plea of one count of maintaining a sexual relationship with a child – where the applicant was sentenced on count 1 for 10 years’ imprisonment – where the applicant was declared to have been convicted of a serious violent offence – whether the sentence was manifestly excessive
COUNSEL:	C J Grant for the applicant S L Dennis for the respondent
SOLICITORS:	Dib and Associate Lawyers for the applicant Director of Public Prosecutions (Queensland) for the respondent

1. MORRISON JA:  I agree with the reasons of North J and order his Honour proposes.

2. NORTH J:  On 6 September 2021 in the District Court at Cairns the applicant pleaded guilty to maintaining an unlawful sexual relationship with the complainant, a child under 16 years, over a period of two years and almost seven months between 1 January 2014 and 23 July 2016.[1]  Because of the relationship between the complainant and the applicant it was a “domestic violence offence”.  The applicant was sentenced to 10 years imprisonment, and a conviction was recorded.  As a consequence of the sentence of 10 years the conviction was a “serious violent offence”.[2]  So the applicant must serve 8 years of the sentence before he is eligible to be considered for parole.

   [1]The agreed statement of facts (Ex 1) mentioned a maintaining period of approximately 2 years in length.

   [2]Section 161A(a) Penalties and Sentences Act1992.

3. The applicant seeks leave to appeal the sentence. The sole ground is that the sentence was manifestly excessive.  He contends instead for a sentence of nine years with no recommendation for parole.[3]

   [3]The effect being that he would serve four years six months before being eligible for parole. See section 184(2) Corrective Services Act 2006.

   Circumstances of offending

4. The hearing proceeded upon an agreed Statement of Facts.[4]  The applicant was aged between 32 and 34 at the time of the offending.  He was the biological father of the complainant who was aged between 10 and 12 years at the time of the offending.  The family, comprising the applicant, the complainant, her mother and two younger brothers lived on a farm in North Queensland.  It was a working farm growing exotic fruit and the applicant worked as a labourer and fruit picker.

   [4]Exhibit 1 (ARB 12 l26).  See ARB 46.

5. The…