R v PBR

[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) Section…