R v MAC

[2004] QCA 317

SUPREME COURT OF QUEENSLAND

CITATION:

R v MAC [2004] QCA 317

PARTIES:

R
v
MAC
(applicant)

FILE NO/S:

CA No 118 of 2004
DC No 9 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Ipswich

DELIVERED ON:

3 September 2004

DELIVERED AT:

Brisbane

HEARING DATE:

29 July 2004

JUDGES:

Davies and Jerrard JJA and Mullins 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 – JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT – SENTENCE – JUVENILE OFFENDERS – RELEVANT PRINCIPLES – where applicant pleaded guilty to sexual offences against children including one count of rape against a 10 year old boy, one count of attempted rape against a three year old girl and one count of attempted rape against a six year old boy – where applicant 13 - 14 years old at time of offences and 15 years old at time of sentence – where applicant sentenced to four years detention to be released after serving 50 per cent of that time – whether sentence manifestly excessive

Juvenile Justice Act 1992 (Qld), s 263(3), s 302(1)(b)

R v JAJ [2003] QCA 554; CA No 321 of 2003, 12 December 2003, considered

COUNSEL:

K M McGinness for the applicant
M J Copley for the respondent

SOLICITORS:

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

1. DAVIES JA:  I agree with the reasons for judgment of Jerrard JA and with the order he proposes.

1. JERRARD JA: On 2 February 2004 MAC pleaded guilty in the Children’s Court to one count of having raped C and two counts of having unlawfully and indecently dealt with C, a child then under 12 years of age; and a further count of having unlawfully and indecently dealt with N, also a child then under the age of 12 years. On 10 February 2004 MAC pleaded guilty to two further counts, one being the attempted rape of N and the other the attempted rape of M. On 6 April 2004 MAC, who was then still 15, was sentenced pursuant to Division 10 of the Juvenile Justice Act 1992 to four years detention, and the learned sentencing judge ordered pursuant to s 227 of that Act that he be released from detention after serving 50 per cent of that sentence. Two hundred and twenty one days of pre-sentence custody was automatically counted as part of that period of detention, pursuant to s 218.

1. MAC has applied for leave to appeal against that sentence, arguing it is manifestly excessive.

1. The offences committed against C probably all happened on the same day, when he was 10 years old, and was described as taking place a couple of weeks after the Ipswich Show in 2002.  C is the son of a friend of MAC’s mother, whom C’s mother visited with C and his sister on the…