R v R

[2001] QCA 488

SUPREME COURT OF QUEENSLAND

CITATION:

R v R [2001] QCA 488

PARTIES:

R
v
R
(appellant)

FILE NO/S:

CA No 93 of 2001
DC No 32 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

District Court at Rockhampton

DELIVERED ON:

13 November 2001

DELIVERED AT:

Brisbane

HEARING DATE:

25 October 2001

JUDGES:

McPherson JA, Ambrose and Cullinane JJ
Separate reasons for judgement of each member of the Court, each concurring as to the orders made

ORDER:

Appeal against conviction dismissed.  Application and appeal against sentence allowed.  Sentence varied by adding a recommendation for parole after serving 15 months of the sentence of imprisonment for 4 years

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AFTER INQUIRY AND CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – where no fresh complaint – where period of more than two years between last alleged offence and time of complaint – where complainant seven and eight years of age at time of alleged offences – where one of five counts directed verdict of not guilty – whether conviction unsafe and unsatisfactory

CRIMINAL LAW – APPEAL AND NEW TRIAL AFTER INQUIRY AND CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – whether sentence manifestly excessive

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – INFORMATION, INDICTMENT OR PRESENTMENT – whether jury should have been given particulars of alleged offences with indictment

Criminal Code (Qld), s 210, s 229 B and s 573

R v CB [2000] QCA 145, CA No 391 of 1999, 28 April 2000 considered
R v Clare CA No 170 of 1994, 1 September 1994 considered
R v CAQ [1999] QCA 197, CA No 42 of 1999, 28 May 1999 considered
R v Lewis [1994] 1 Qd R 613 considered
M v The Queen (1994) 181 CLR 487, considered
R v Tramacchi; ex parte Attorney-General (Qld), CA No 68 of 1993, 31 May 1993 considered

COUNSEL:

C Chowdhury for the appellant
M Copley for the respondent

SOLICITORS:

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

1. McPHERSON JA:  I agree with the reasons of Ambrose J. The appeal against conviction should be dismissed and the sentence varied by adding a recommendation for parole after serving 15 months of the sentence.

1. AMBROSE J: On 5 April 2001, the appellant was convicted upon one charge of maintaining a sexual relationship with his stepdaughter between 1 May 1994 and 27 February 1997 contrary to s 229 B of the Criminal Code, and also upon three counts of unlawfully and indecently dealing with that child between 1 May 1994 and 1 May 1995 contrary to s 210 of the Code.

1. He appeals on the ground that in the circumstances his convictions were unsafe and unsatisfactory.

1. The appellant makes no complaint concerning the summing up on those charges.  It was a long and careful summing up, which dealt adequately with dangers inherent in accepting, without corroboration, evidence of a 14…