R v Plunkett

Case [2006] QCA 182


SUPREME COURT OF QUEENSLAND

CITATION:

R v Plunkett [2006] QCA 182

PARTIES:

R
v
PLUNKETT, Paul Christopher
(applicant)

FILE NO/S:

CA No 124 of 2006
DC No 1359 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EXTEMPORE ON:


29 May 2006

DELIVERED AT:

Brisbane

HEARING DATE:

29 May 2006

JUDGES:

de Jersey CJ, Williams and Holmes JJA
Separate reasons for judgment of each member of the Court, de Jersey CJ & Williams JA concurring as to the orders made, Holmes JA dissenting

ORDER:

Application for leave to appeal against sentence is refused

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – APPLICATION TO REDUCE SENTENCE – where the applicant pleaded guilty to knowingly possessing child exploitation material and sentenced to 18 months’ imprisonment suspended after three months for an operational period of 18 months – where Court identified the new approach with the prospect of more substantial penalties – whether s 9(6) of the Penalties and Sentences Act 1992 (Qld) applies – whether the sentence was manifestly excessive

Classification of Computer Games and Images Act 1995 (Qld), s 26
Criminal Code 1899 (Qld), s 228D
Penalties and Sentences Act
1992 (Qld), s 9

R v Cook; ex parte Attorney-General (Qld) [2004] QCA 469; CA No 324 of 2004, 3 December 2004, cited
R v Finch; ex parte A-G (Qld) [2006] QCA 060; CA No 319 of 2005, 10 March 2006, cited
R v Jones (1999) 108 A Crim R 50, cited
R v Reid; ex parte Attorney-General of Queensland [2000] QCA 218; CA No 46 of 2000, 2 June 2000, cited

COUNSEL:

C F C Wilson for the applicant
S G Bain for the respondent

SOLICITORS:

Bell Miller Solicitors for the applicant
Director of Public Prosecutions (Queensland) for the respondent

THE CHIEF JUSTICE:  The applicant was on the 19th of May 2006 sentenced to 18 months' imprisonment suspended after three months for an operational period of 18 months. 

The offence to which he had pleaded guilty on an ex officio indictment was that on the 6th of December 2005 he knowingly possessed child exploitation material. Section 228D of the Criminal Code which commenced on the 4th of April 2005 provides for that offence and a maximum penalty of five years' imprisonment.

The previously relevant offence was established by section 26(3) of the Classification of Computer Games and Images Act 1995. Its maximum of two years' imprisonment had been criticised in a number of cases as being inadequate.

The Court of Appeal referred to the new provision in Finch [2006] QCA 60, noting the prospect of more substantial penalties. In Reid, (2000) QCA 218 the Court had identified the evil addressed by such provisions as being a feeding of the market for the sexual exploitation, corruption and moral degradation of children.

Mr Wilson, who appeared for the applicant, referred us to Cook [2004] QCA 469, an Attorney's appeal in respect of penalties…

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R v Plunkett [2006] QCA 182
Case
[2006] QCA 182
Decision Date

CaseChat Overview and Summary

The case of R v Plunkett involved the applicant, who had pleaded guilty to knowingly possessing child exploitation material. The court sentenced the applicant to 18 months' imprisonment, suspended after three months, for an operational period of 18 months. The applicant applied for leave to appeal against the sentence, arguing that it was manifestly excessive and that section 9(6) of the Penalties and Sentences Act 1992 (Qld) should apply. The court was required to determine whether the new legislative approach warranted a reconsideration of the sentence, given the prospect of more substantial penalties.

The court considered the applicant's arguments and assessed the sentencing principles involved. It acknowledged the new legislative approach that could result in more substantial penalties for such offences. However, the court found that the sentence imposed was within the range of appropriate penalties for the offence. It concluded that the sentence was not manifestly excessive and that section 9(6) of the Penalties and Sentences Act 1992 (Qld) did not apply to the case.

Consequently, the court refused the applicant's application for leave to appeal against the sentence. The reasoning was that the sentence was appropriate in light of the offence and the legislative context. The court held that the sentence did not fall outside the range of penalties that could be considered appropriate, and therefore, the application was unsuccessful. The court's decision effectively upheld the original sentence imposed by the lower court.

Orders

Orders of the court

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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