SUPREME COURT OF QUEENSLAND
CITATION:
R v McCoy [2020] QCA 59
PARTIES:
R
v
McCOY, Christopher John
(applicant)FILE NO/S:
CA No 338 of 2018
DC No 1157 of 2018
DC No 1158 of 2018
DC No 1159 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane – Date of Sentence: 19 November 2018 (Rafter SC DCJ)
DELIVERED ON:
3 April 2020
DELIVERED AT:
Brisbane
HEARING DATE:
28 November 2019
JUDGES:
Sofronoff P and Fraser JA and Boddice J
ORDER:
The application for leave to appeal against sentence be refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted by a jury of two counts of maintaining a sexual relationship with a child, eight counts of indecent treatment of a child under 16 under 12 and nine counts of rape – where the applicant was convicted on his own pleas of guilty to one count of possessing child exploitation material, one count of using a carriage service to access child pornography material, one count of using a carriage service to cause child pornography material to be transmitted to himself and five counts of failing to comply with reporting under the Child Protection (Offender Reporting) Act 2004 (Qld) – where the applicant’s convictions breached suspended sentences and probation orders – where the applicant was sentenced to 10 years’ imprisonment for each maintaining count and lesser periods of imprisonment for the remaining counts – where the applicant was declared to have been convicted of serious violent offences – where the applicant seeks leave to appeal the sentences of 10 years’ imprisonment for each maintaining count on the ground that the sentences were manifestly excessive – where each maintaining count involved sexual conduct against separate male complainants aged seven to eight and eight to nine years at the time of the offences – where the applicant was aged 19 to 20 years at the time of the offences – where the applicant had extensive and relevant past criminal history including offences committed both before and subsequent to the sexual conduct the subject of the maintaining counts – where the pre-sentence report, including a psychiatric assessment, recorded a continual refusal by the applicant to accept responsibility for the offending – where the sentencing Judge accepted that principles of totality were applicable – where the sentencing Judge had regard to a number of mitigating factors, including the applicant’s age, prospects of rehabilitation and pleas of guilty – whether the sentence was manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – JUDGE ACTED ON WRONG PRINCIPLE – where the applicant seeks leave to appeal the sentences of 10 years’ imprisonment for each maintaining count on the ground that the sentencing judge erred in failing to sufficiently take into account the applicant’s youth, prospects of rehabilitation and mental illness – where the psychiatrist…
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- AGLC
- R v McCoy [2020] QCA 59
- Case
- [2020] QCA 59
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed was manifestly excessive, whether the sentencing judge erred in failing to sufficiently take into account the applicant's youth, prospects of rehabilitation, and mental illness, and whether the sentencing judge erred in the proper approach to be taken in relation to the applicant's mental illnesses at the time of the sentence. The court considered whether the sentence imposed for the offences of maintaining a sexual relationship with a child fell within a sound and proper exercise of the sentencing discretion. The court found that the sentencing judge took into account the applicant's youth, prospects of rehabilitation, and mental illnesses in imposing the sentences and that there was no error of principle. The sentences were not plainly unreasonable or unjust and were not manifestly excessive.
The court found that the sentencing judge had properly considered the applicant's mental health disorders as relevant factors in sentencing. The court held that the sentencing judge recognised that as the applicant was a youthful offender, rehabilitation was a relevant consideration. The court also found that the sentences imposed for the offences of maintaining a sexual relationship with a child fell within a sound and proper exercise of the sentencing discretion. The court concluded that the sentences were neither plainly unreasonable nor unjust and that the applicant's mental health disorders had been properly considered in sentencing. The court held that the sentences were not manifestly excessive and represented a proper reflection of the applicant's overall criminality.
The court ordered that the application for leave to appeal against sentence be refused. The court found that the applicant's appeal against sentence was not well-founded and that the sentences imposed were appropriate in the circumstances. The court concluded that the sentencing judge had properly considered the relevant factors in sentencing and that the sentences imposed were not manifestly excessive or unjust.
Orders
Orders of the court
The application for leave to appeal against sentence be refused.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.