R v PBR

Case [2025] QCA 120


SUPREME COURT OF QUEENSLAND

CITATION:

R v PBR [2025] QCA 120

PARTIES:

R
v
PBR
(applicant)

FILE NO/S:


CA No 260 of 2024DC No 672 of 2024

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Cairns – Date of Sentence: 18 November 2024 (Clare SC DCJ)

DELIVERED ON:

1 July 2025

DELIVERED AT:

Brisbane

HEARING DATE:

2 June 2025

JUDGES:

Mullins P, Bradley JA and North J

ORDER:

The application for leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to seven counts of indecent treatment of a child under 16 years and in each of the counts there were further circumstances of aggravation – where the learned sentencing judge ordered that count 5 be cumulative on another count – where the applicant was sentenced to an effective 4 and a half years of imprisonment with eligibility for parole set at 16 months post sentencing – where the applicant contends that the learned sentencing judge erred in failing to give reasons for the imposition of a cumulative period of imprisonment – where the applicant contends the sentence imposed was manifestly excessive in all the circumstances – whether the sentence was manifestly excessive

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited
R v Hyatt [2011] QCA 55, cited
R v Nagy [2004] 1 Qd R 63; [2003] QCA 175, cited
R v O’Sullivan; Ex parte Attorney-General (Qld); R v Lee Ex parte Attorney-General (Qld) (2019) 3 QR 196; [2019] QCA 300, cited
R v WBQ [2022] QCA 48, cited

COUNSEL:

C J Grant for the applicant
M A Sheppard for the respondent

SOLICITORS:

Whitla Criminal Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. MULLINS P:  I agree with North J.

  2. BRADLEY JA:  I agree with North J.

  3. NORTH J:  On 18 November 2024 the applicant pleaded guilty to seven counts of indecent treatment of a child under 16 years (in six of the offences the complainant was an infant under 12) and in each of the counts there were further circumstances of aggravation (in each case the applicant was a guardian of the child and the offence was a Domestic Violence Offence).  He was sentenced to various terms of imprisonment.  He seeks leave to appeal against the sentences imposed on the grounds:

    “1.The learned sentencing judge erred in failing to give reasons for the imposition of a cumulative period of imprisonment.

    2.The sentence imposed by the Court was manifestly excessive in all the circumstances.”

  4. The agreed Statement of Facts contained the following table summarising the indictment:

    “

Counts Date Offence Maximum Penalty
1 23/12/2014
–
31/12/2018

Indecent treatment of a child under 16, under 12, as a guardian (Domestic Violence Offence)

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Details
AGLC
R v PBR [2025] QCA 120
Case
[2025] QCA 120
Decision Date

CaseChat Overview and Summary

The applicant, PBR, was before the Court in an appeal against a sentence imposed by the learned sentencing judge. PBR had pleaded guilty to seven counts of indecent treatment of a child under 16 years, each with further circumstances of aggravation. The sentencing judge imposed an effective term of 4 and a half years imprisonment, with eligibility for parole set at 16 months post-sentencing. PBR argued that the sentence was manifestly excessive, and that the judge had failed to provide reasons for the imposition of a cumulative period of imprisonment in relation to count 5.

The court was required to determine whether the sentence was manifestly excessive and if the applicant's contentions had merit. The court needed to assess whether the sentence imposed by the learned sentencing judge was appropriate, considering the gravity of the offences and the circumstances of aggravation. The court also had to examine whether the failure to provide reasons for the cumulative period of imprisonment constituted an error that warranted interference with the sentence.

The court found that the sentence imposed was not manifestly excessive and that the reasons provided by the learned sentencing judge were sufficient. The court held that the sentence reflected the seriousness of the offences and took into account the aggravating circumstances. The court also determined that the failure to provide specific reasons for the imposition of the cumulative period of imprisonment did not constitute an error that warranted interference with the sentence. Therefore, the application for leave to appeal against sentence was refused.

The court's orders were that the application for leave to appeal against sentence is refused.

Orders

Orders of the court

The application for leave to appeal against sentence is refused.

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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