R v MBG and mbH

[2009] QCA 252

SUPREME COURT OF QUEENSLAND

CITATION:

R v MBG & MBH [2009] QCA 252

PARTIES:

R
v
MBG
(applicant)

R
v
MBH
(applicant)

FILE NO/S:

CA No 307 of 2008
CA No 287 of 2008
DC No 2826 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Applications

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

1 September 2009

DELIVERED AT:

Brisbane

HEARING DATE:

18 August 2009

JUDGES:

McMurdo P, Holmes JA and White J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Applications for leave to appeal dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicants, husband and wife, pleaded guilty to maintaining unlawful sexual relationship with seven to eight year old daughter, and to 13 other sexual offences, including two counts of rape, against her, and to sexual offences against friends of their daughter, a 14 year old and nine year old, including a count of rape against the latter; and male applicant pleaded guilty to indecent treatment of another nine year old – where applicants each sentenced to 10 and a half years imprisonment on the maintaining count, with a serious violent offence declaration, and to shorter, concurrent terms for the other sexual offences – whether sentences manifestly excessive

R v BAO [2004] QCA 445, cited
R v BAX [2005] QCA 365, cited
R v BAY (2005) 157 A Crim R 309; [2005] QCA 427, cited
R v BBM[2008] QCA 162, cited
R v C; ex parte A-G (Qld) [2003] QCA 134, cited
R v DAF[2004] QCA 368, cited
R v Dickeson; ex parte A-G; R v Dickeson[2004] QCA 78, cited
R v HAP[2008] QCA 137, cited
R v R[2000] QCA 279, cited
R v TR & FV; ex parte A-G (Qld)[2008] QCA 221, cited

COUNSEL:

The applicants appeared on their own behalf
M J Copley SC for the respondent

SOLICITORS:

The applicants appeared on their own behalf
Director of Public Prosecutions (Qld) for the respondent

1. McMURDO P:  The applications for leave to appeal against sentence should be refused for the reasons given by Holmes JA. 

1. HOLMES JA:  The applicants for leave to appeal against sentence are husband and wife.  They were jointly charged with, and pleaded guilty to, one count of maintaining a sexual relationship with a child, their daughter A, who was seven to eight years old during the period over which the relationship was alleged; two counts of rape and one count of attempted rape of A; 10 counts of indecent treatment of A with the circumstances of aggravation that she was under 12 years, and was their lineal descendant; rape of B, a nine year old friend of A; three counts of indecent treatment of B, with the aggravating circumstances that she was under 12 years and under their care; and…