SUPREME COURT OF QUEENSLAND
CITATION:
R v Lee [2012] QCA 313
PARTIES:
R
v
LEE, Douglas Phillip Allan
(applicant)FILE NO/S:
CA No 142 of 2012
DC No 479 of 2011DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at IpswichDELIVERED ON:
16 November 2012
DELIVERED AT:
Brisbane
HEARING DATE:
26 October 2012
JUDGES:
Margaret McMurdo P and White JA and Applegarth J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
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 applicant was convicted of the rape of a seven year old girl and sentenced to three years and six months imprisonment with parole eligibility after half the sentence – where applicant’s counsel had sought head sentence of three years at trial – where applicant had lengthy criminal history – where prosecution case was strong – whether sentence was manifestly excessive in all the circumstances
Corrective Services Act 2006 (Qld), s 176, s 194
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54, considered
R v AAD[2008] QCA 4, considered
R v Frame[2009] QCA 9, cited
R v NH[2006] QCA 476, considered
R v SAH[2004] QCA 329, considered
Veen v The Queen [No 2] (1998) 164 CLR 465; [1988] HCA 14, followedCOUNSEL:
The applicant appeared on his own behalf
A W Moynihan SC for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with White JA's reasons for refusing this application for leave to appeal against sentence.
WHITE JA: On 4 June 2012 the appellant was convicted after a three day trial in the District Court at Ipswich of raping a seven year old girl on 8 May 2011. He was sentenced to imprisonment for three and a half years with parole eligibility fixed at 4 March 2014, that is, after serving half of the sentence imposed.
He contended in his grounds of appeal that his conviction was unsafe and unsatisfactory having regard to all of the evidence. He sought leave to appeal his sentence on the basis that it was manifestly excessive in all the circumstances.
By a document filed on 23 October 2012 the appellant indicated that he was representing himself and was no longer pursuing his appeal against conviction. He confirmed this at the appeal hearing on 26 October. Accordingly, an order was made refusing his appeal against conviction. He was desirous of progressing his application for leave to appeal against his sentence. It is appropriate to refer to him hereafter as “the applicant”.
The applicant had written out the submissions which he proposed reading to the court in respect of his sentence application. Those submissions were then copied to assist the court and the respondent…
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- R v Lee [2012] QCA 313
- Case
- [2012] QCA 313
- Decision Date
CaseChat Overview and Summary
The court considered the grounds for interference with the sentence, focusing on whether it was manifestly excessive or inadequate. The appellant's counsel argued that the sentence was too harsh, particularly given the head sentence sought at trial and the appellant's criminal history. The prosecution, however, contended that the sentence was appropriate considering the gravity of the crime and the appellant's criminal record. The court carefully weighed these arguments and the relevant legal principles.
After thorough consideration, the court determined that the sentence was not manifestly excessive. The court found that the sentence was commensurate with the severity of the offence and took into account the appellant's criminal history and the prosecution's strong case. The appeal against the sentence was dismissed, and the application for leave to appeal was refused. The sentence of three years and six months imprisonment, with parole eligibility after half the sentence, was upheld.
Orders
Orders of the court
Application for leave to appeal against sentence refused.
Background
Background to the litigation
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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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