R v PAD

Case [2006] QCA 398


SUPREME COURT OF QUEENSLAND

CITATION:

R v PAD [2006] QCA 398

PARTIES:

R
v
PAD
(applicant/appellant)

FILE NO/S:

CA No 89 of 2006
DC No 2276 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

13 October 2006

DELIVERED AT:

Brisbane

HEARING DATE:

26 September 2006

JUDGES:

Keane JA, Holmes JA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.  Application for leave to appeal allowed
2.  Set aside sentences and impose sentences of five years on count 1, four years on counts 3 and 4, three years on counts 5, 6 and 7, six months on count 8, and two years on count 10; on counts 9 and 11, impose sentence of 12 years, to be served concurrently with sentences on remaining counts
3.  Convictions on counts 9 and 11 are declared convictions of serious violent offences
4.  Periods of one day on 24 September 2002, 1017 days between 25 September 2002 and 7 July 2005, two days between 4 February 2006 and 5 February 2006, and 32 days between 6 February 2006 and 9 March 2006, are again declared as time served under the sentences

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 GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – where applicant convicted after a trial of sexual and other offences including rape in relation to his stepdaughter – where first of unlawful sexual acts occurred when complainant was 12 – where rape when complainant was 16 resulted in birth of a child – where sentence of five years imprisonment on maintaining unlawful relationship count made concurrent on lesser sentences on other counts but cumulative upon sentences of 10 years imprisonment for each rape conviction – where alternative verdicts returned by jury – basis upon which trial judge sentenced – whether sentence was manifestly excessive

Criminal Code1899 (Qld), s 578, s 229B(3), s 210, s 17

R v AP [2003] QCA 445; CA No 133 of 2003 and CA No 435 of 2002, 17 October 2003, considered
R v BAY
[2005] QCA 427; CA No 110 of 2005, 18 November 2005, considered
R v C; ex parte A-G (Qld)
[2003] QCA 134; CA No 400 of 2002, 24 March 2003, considered
R v GQ [2005] QCA 53; CA No 430 of 2004, 4 March 2005, considered
R v Hoban [2000] QCA 384; CA No 173 of 2000, 22 September 2000, considered
R v R [2003] QCA 285; CA No 62 of 2003, 11 July 2003, considered
R v SAG [2004] QCA 286; CA No 55 of 2004, 6 August 2004, considered

COUNSEL:

D R Kent for the applicant
S G Bain for the respondent

SOLICITORS:

Legal Aid Queensland…

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Details
AGLC
R v PAD [2006] QCA 398
Case
[2006] QCA 398
Decision Date

CaseChat Overview and Summary

The applicant, convicted of multiple offences including rape of his stepdaughter, sought leave to appeal against the sentence imposed by the trial judge. The offences began when the complainant was 12 years old and culminated in rape when she was 16, resulting in the birth of a child. The applicant's sentence included concurrent sentences for lesser charges but was cumulative for the rape convictions, resulting in a total sentence of 15 years. The applicant argued that the sentence was manifestly excessive.

The court considered whether the sentence was manifestly excessive given the nature and circumstances of the offences. It also considered the principles of sentencing, including the need for punishment and deterrence, as well as the need to consider the age of the complainant and the impact of the crimes. The court noted the significant harm caused by the applicant's actions, which began when the complainant was a child and continued into her teenage years, resulting in a pregnancy and a child born from the rape. The court found that the original sentence, while severe, was not manifestly excessive but acknowledged the need for some adjustment to ensure the sentence was proportionate and reflected the gravity of the crimes.

The court allowed the appeal, setting aside the original sentences and imposing new sentences, with the cumulative total being 17 years. The court also declared certain convictions as serious violent offences, which impacts the applicant's parole eligibility. Specific periods of time served were again declared as time served under the new sentences. The applicant's appeal was thus partially successful, with the court reducing the cumulative sentence slightly and affirming the severity of certain convictions.

Orders

Orders of the court

1. Application for leave to appeal allowed

2. Set aside sentences and impose sentences of five years on count 1, four years on counts 3 and 4, three years on counts 5, 6 and 7, six months on count 8, and two years on count 10; on counts 9 and 11, impose sentence of 12 years, to be served concurrently with sentences on remaining counts

3. Convictions on counts 9 and 11 are declared convictions of serious violent offences

4. Periods of one day on 24 September 2002, 1017 days between 25 September 2002 and 7 July 2005, two days between 4 February 2006 and 5 February 2006, and 32 days between 6 February 2006 and 9 March 2006, are again declared as time served under the sentences

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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