R v Porter; Ex parte Attorney-General (Qld)

SUPREME COURT OF QUEENSLAND

CITATION:

R v Porter; ex parte A-G (Qld) [2009] QCA 353

PARTIES:

R
v
PORTER, Troy Darren
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO:

CA No 227 of 2009
DC No 1263 of 2009
DC No 1890 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

17 November 2009

DELIVERED AT:

Brisbane

HEARING DATE:

26 October 2009

JUDGE:

Keane and Holmes JJA and McMeekin J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEALS BY CROWN – EXERCISE OF DISCRETION – GENERALLY – whereupon being convicted on his plea of guilty to three counts of unlawfully exposing a six to seven year old complainant to an indecent act, the respondent was sentenced to two years imprisonment suspended after serving 248 days with a three year operational period – whether sentence inadequate

R v Lacey; ex parte A-G (Qld)[2009] QCA 274, cited
R v Quick; ex parte A-G (Qld) (2006) 166 A Crim R 588; [2006] QCA 477, cited

COUNSEL:

A W Moynihan SC, with L P Brisick, for the appellant
B W Farr SC for the respondent

SOLICITORS:

Director of Public Prosecutions (Qld) for the appellant
Legal Aid Queensland for the respondent

1. KEANE JA: I have had the advantage of reading in draft the reasons for judgment prepared by McMeekin J.  I agree with those reasons and with the order proposed by his Honour.

1. HOLMES JA: I agree with the reasons of McMeekin J and the order he proposes.

1. McMEEKIN J: On 13 August 2009 the respondent pleaded guilty to three counts of unlawfully exposing the complainant to an indecent act between 30 July 2007 and 3 October 2008, two counts of breaching a condition of bail on 4 December 2008, and one count of possessing the dangerous drug cannabis sativa on 3 October 2008.  On the same date the respondent was sentenced:

(a)         in relation to the indecent treatment offences to 2 years imprisonment suspended after he had served 248 days (the period of pre-sentence custody) with a three year operational period;

(b)         in respect of each breach of bail a concurrent term of three months imprisonment; and

(c)         in respect of the possession of the dangerous drug convicted and not further punished.

1. The learned sentencing judge declared 248 days of pre-sentence custody as time served under the sentences he imposed. He ordered that the respondent have no contact with the complainant for a period of two years pursuant to s 43B of the Penalties and Sentences Act 1992. 

1. The Attorney-General seeks to appeal against the sentences imposed on the ground that they are manifestly inadequate by reason of the following:

(a)          they fail to reflect adequately the gravity of the offences generally and in this case in particular;

(b)          they fail to…