R v P

Case

[1998] QCA 402

1/12/1998


Details
AGLC Case Decision Date
R v P [1998] QCA 402 [1998] QCA 402 1/12/1998

CaseChat Overview and Summary

The appellant was convicted in the Supreme Court of Victoria for procuring prostitution by a person not an adult, knowingly participating in the provision of prostitution, and committing rape and unlawful anal intercourse against a 15-16-year-old girl. The appellant, who was the step-father of the victim, exercised physical and psychological dominance over her over a twelve-month period. The appellant, who had an extensive criminal history, used the victim for his substantial profit. The appellant appealed against his conviction and sought leave to appeal against his sentence of 18 years imprisonment, which he submitted was manifestly excessive. The appeal against conviction was dismissed, but leave to appeal against sentence was granted.

The court was required to determine whether the sentence imposed by the primary judge was manifestly excessive. The court was also required to consider the principles governing the exercise of the discretion to grant leave to appeal against sentence. The court had to examine the nature and circumstances of the offence, the appellant's criminal history, and the appellant's prospects of rehabilitation.

The court held that the sentence was manifestly excessive. The court held that the primary judge had given insufficient weight to the appellant's criminal history and prospects of rehabilitation. The court held that the appellant's criminal history, which included a history of violence, was a significant aggravating factor. The court held that the appellant's prospects of rehabilitation were poor. The court held that the sentence imposed by the primary judge was manifestly excessive and granted leave to appeal against sentence. The appeal against conviction was dismissed.

The court ordered that the appeal against conviction be dismissed and that leave to appeal against sentence be granted.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Appeal

  • Criminal Liability

  • Breach of Trust

  • Unlawful Anal Intercourse

  • Rape

  • Sexual Offences

  • Mens Rea & Intention

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Most Recent Citation
R v Crabb [2014] QCA 229

Cases Citing This Decision

4

R v Crabb [2014] QCA 229
R v Crabb [2014] QCA 229
Cases Cited

1

Statutory Material Cited

0

R v McL [1998] VSCA 61
R v McL [1998] VSCA 61