SUPREME COURT OF QUEENSLAND
CITATION:
R v N; ex parte A-G (Qld) [2003] QCA 391
PARTIES:
R
v
N
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 228 of 2003
DC No 26B of 2003DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
District Court at Maryborough
DELIVERED ON:
12 September 2003
DELIVERED AT:
Brisbane
HEARING DATE:
25 August 2003
JUDGES:
McMurdo P, Jerrard JA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Allow the appeal to the extent of deleting the order that the sentence be suspended after six months and ordering instead that it be suspended after the respondent has served 12 months imprisonment
CATCHWORDS:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where respondent pleaded guilty to unlawful and indecent dealing with a child under 12 who was in his care – where serious breach of trust involved – where nature and number of offences significant – where learned sentencing judge made no reference to respondent’s previous convictions for sexual assaults when sentencing – whether too much weight given to mitigating factors
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where respondent sentenced to two years imprisonment to be suspended after six months with an operational period of three years – where appellant contends that a head sentence of three to three and a half years should have been imposed – where prosecutor at sentence contended that the appropriate head sentence was between 18 months and two years – where this court is limited to imposing a sentence within the range submitted by the prosecutor on sentence save for exceptional circumstances – whether sentence manifestly inadequate
Everett v R (1994) 181 CLR 295, followed
R v B; ex parte A-G (Qld) [1997] 1 Qd R 523, discussed
R v Chambers, Harrison & Fisher; ex parte A-G (Qld) [2002] QCA 534; CA Nos 316, 317 and 318 of 2002, 5 December 2002, referred to
R v G; ex parte A-G (Qld) [1999] QCA 477; CA No 303 of 1999, 16 November 1999, discussed
R v M [1995] QCA 394; CA No 225 of 1995, 27 July 1995, discussed
R v M [1998] QCA 118; CA No 445 of 1998, 13 April 1999, considered
R v P [2001] QCA 130; CA No 4 of 2001, 5 April 2001, considered
R v T; ex parte A-G (Qld) [2001] QCA 398; CA No 18 of 2001, 24 September 2001, discussed
R v Wilde; ex parte A-G (Qld) [2002] QCA 501, CA No 238 of 2002, 15 November 2002, referred to
R v W [2000] QCA 321; CA No 141 of 2000, 8 August…
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- AGLC
- R v N; ex parte [2003] QCA 391
- Case
- [2003] QCA 391
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing judge's decision and noted that while the mitigating factors were considered, there was no reference made to the respondent's previous convictions for sexual assaults. The court held that the failure to consider these prior convictions was a significant oversight. The Attorney-General contended that the appropriate head sentence should have been between 18 months and two years, whereas the respondent was sentenced to two years with a suspension after six months. The court found that this sentence was inadequate and fell below the lower end of the range submitted by the prosecutor. Given the nature and severity of the offences, the court concluded that the sentence should not be suspended after six months. Instead, the sentence should be suspended after the respondent has served 12 months imprisonment.
Orders
Orders of the court
Allow the appeal to the extent of deleting the order that the sentence be suspended after six months and ordering instead that it be suspended after the respondent has served 12 months imprisonment
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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