R v PAC

[2006] QCA 327

SUPREME COURT OF QUEENSLAND

CITATION:

R v PAC [2006] QCA 327

PARTIES:

R
v
PAC
(applicant)

FILE NO/S:

CA No 135 of 2006
DC No 19 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Kingaroy

DELIVERED EX TEMPORE ON:

31 August 2006

DELIVERED AT:

Brisbane

HEARING DATE:

31 August 2006

JUDGES:

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

ORDER:

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 – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – where the applicant was convicted after a jury trial on five counts of indecent treatment of a child under 16 years, four counts having a circumstance of aggravation – where the applicant was sentenced to two years imprisonment on each count – where the applicant contends that his sentence was manifestly excessive – whether the sentencing judge failed to give sufficient weight to the applicant's age, ill health and prior good history – whether the sentence was manifestly excessive

R v B [1994] QCA 514; CA No 360 of 1994, 26 October 1994, distinguished

R v B [2000] QCA 42; CA No 345 of 1999, 24 February 2000, applied

R v K [1998] QCA 262; CA No 168 of 1998, 14 August 1998, distinguished

R v Mrsic; ex parte A-G (Qld) [2005] QCA 349; CA No 185 of 2005, 23 September 2005, considered

R v Pope; ex parte A-G (Qld) [1996] QCA 318; CA No 271 of 1996, 30 August 1996, applied

R v S [2002] QCA 300; CA No 69 of 2002, 15 August 2002, distinguished

R v Smith (1987) 44 SASR 587, applied

COUNSEL:

A J Rafter SC for applicant
C W Heaton for respondent

SOLICITORS:

Legal Aid Queensland for applicant
Director of Public Prosecutions (Queensland) for respondent

THE PRESIDENT:  The applicant pleaded not guilty to four counts of indecent treatment of a child under 16 years with a circumstance of aggravation and one count of indecent treatment of a child under 16 years.  He was convicted on each count after a two day trial.  He was sentenced on each count to two years' imprisonment.  He has abandoned his appeal against conviction but applies for leave to appeal against sentence contending that it was manifestly excessive.

The offences occurred between 1987 and 1990 when the applicant was aged between 56 and 59 years.  He was 74 years old at sentence.  He had no prior convictions.

The offences occurred as follows.  The complainant on each count was the applicant's stepdaughter.  She was between 11 and 12 years old at the time of the offences.  When she was living with the applicant and her mother at a…