R v P; ex parte A-G

[2001] QCA 188

SUPREME COURT OF QUEENSLAND

CITATION:

R v P; ex parte A-G [2001] QCA 188

PARTIES:

R
v
P
(applicant/respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 328 of 2000
CA No 329 of 2000
DC No 2953 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)
Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

18 May 2001

DELIVERED AT:

Brisbane

HEARING DATE:

30 April 2001

JUDGES:

McMurdo P, Williams JA and Chesterman J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Appeal against sentence dismissed.

Application for leave to appeal against sentence refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – SEXUAL OFFENCES – whether sentence was manifestly excessive given principles of totality – whether mitigating factors were given adequate weight

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATION TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – whether life imprisonment warranted – whether Part 9A of the Penalties and Sentences Act 1992 has application – interaction between Part 9A of the Penalties and Sentences Act 1992 and s 229B of the Criminal Code

Criminal Code s 299B(2)
Criminal Law Amendment Act 1945 s 19
Penalties and Sentences Act 1992 (Qld), s 9(2), s 13, s 161B(2), s 189(1), Part 9A

KRM v The Queen [2001] HCA 11, 8 March 2001, referred to
R v A [2000] QCA 520, 19 December 2000, referred to
R v H [2001] QCA 167, CA No 40 of 2001, 1 May 2001, considered
R v Ianculescu [2000] 2 Qd R 521, referred to
R v KBT (1997) 191 CLR 417, considered
R v L [1996] QCA 316, CA No 173 of 1996, 17 July 1996, referred to
R v Mason and Saunders [1998] 2 Qd R 186, referred to
R v Ruhland CA No 147 of 1999, 15 October 1999, considered
R v S [1999] 2 Qd R 89, referred to
R v Truong [2000] 1 Qd R 663, referred to

COUNSEL:

M J Griffin SC for the applicant/respondent
A J Rafter for the appellant

SOLICITORS:

Ryan & Bosscher for the applicant/respondent
Director of Public Prosecutions (Queensland) for the appellant

1. McMURDO P: P pleaded guilty to a 52 count indictment comprising 24 counts of indecent treatment of boys under 17, 14 counts of unnatural offences, 1 count of an attempted unnatural offence, 5 counts of indecent treatment of children under 16, 2 counts of unlawful anal intercourse, 4 counts of unlawful sodomy and 2 counts of maintaining a sexual relationship with a child under 16 years with a circumstance of aggravation. A further 184 offences of a sexual…