SUPREME COURT OF QUEENSLAND
CITATION:
R v RAC [2008] QCA 185
PARTIES:
R
v
RAC
(applicant/appellant)FILE NO/S:
CA No 5 of 2008
DC No 214 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Townsville
DELIVERED ON:
11 July 2008
DELIVERED AT:
Brisbane
HEARING DATE:
27 May 2008
JUDGES:
McMurdo P, Muir JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Application for leave to appeal granted1.
Appeal allowed2.
Sentence imposed at first instance set aside3.
On each count of rape the applicant is sentenced to eight years imprisonment and declared convicted of a serious violent offence4.
On each count of indecent dealing with a circumstance of aggravation the applicant is sentenced to five years imprisonment5.
Pursuant to s 161 of the Penalties and Sentences Act 1992 (Qld), it is declared that 458 days spent in pre-sentence custody between 12 September 2006 and 13 December 2007 be deemed time already served under the sentence6.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – applicant convicted on plea of guilty to eight counts of rape and two counts of indecent dealing with a circumstance of aggravation – victim was the applicant’s six year old step son – judge sentenced the applicant to 10 years imprisonment on each count and declared the applicant convicted of a serious violent offence – applicant extensively co-operated with the authorities, including admitting to then unknown offences – applicant pleaded guilty to ex officio indictment – whether sentence was manifestly excessive
Penalties and Sentences Act 1992 (Qld), Pt 9A
AB v R (1999) 198 CLR 111; [1999] HCA 46, cited
R v BAY [2005] QCA 427, considered
R v SAK [2004] QCA 379, considered
R v Robinson [2007] QCA 99, considered
R v D[2003] QCA 88, considered
R v Luke, unreported, Court of Criminal Appeal, Qld, CA No 342 of 1986, 4 March 1987, considered
R v S [1999] QCA 311, consideredCOUNSEL:
J D Henry SC, with J C Trevino for the applicant/appellant
V P Keegan for the respondentSOLICITORS:
Legal Aid Queensland for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent
McMURDO P: On 14 May 2007 the applicant pleaded guilty to an ex officio indictment charging eight counts of rape and two counts of indecent dealing with circumstances of aggravation. The victim was his six year old step-son. The applicant was sentenced to 10 years imprisonment on each count. He contends that the sentence was manifestly excessive.
The facts
An agreed set of facts was tendered at sentence and set out the following matters. The applicant had been in an intimate relationship with the complainant’s mother since she was three months pregnant with the complainant.…
Continue reading R v RAC
Sign in free to access the full text
- AGLC
- R v RAC [2008] QCA 185
- Case
- [2008] QCA 185
- Decision Date
CaseChat Overview and Summary
The central legal issue in this appeal was whether the sentence imposed by the trial judge was manifestly excessive in light of the circumstances of the case. The applicant argued that the sentence was too severe, considering his cooperation with authorities and the plea of guilty. The appeal court had to determine whether the sentence was disproportionate to the crime and the circumstances of the case.
The court found that the sentence imposed at first instance was manifestly excessive. The court noted the applicant's cooperation with authorities and the plea of guilty, which were significant mitigating factors. The court set aside the original sentence and imposed a new sentence of eight years imprisonment for each count of rape and five years imprisonment for each count of indecent dealing with a circumstance of aggravation. The court also declared that 458 days spent in pre-sentence custody be deemed time already served under the sentence.
Orders
Orders of the court
Application for leave to appeal granted1.
Appeal allowed2.
Sentence imposed at first instance set aside3.
On each count of rape the applicant is sentenced to eight years imprisonment and declared convicted of a serious violent offence4.
On each count of indecent dealing with a circumstance of aggravation the applicant is sentenced to five years imprisonment5.
Pursuant to s 161 of the Penalties and Sentences Act 1992 (Qld), it is declared that 458 days spent in pre-sentence custody between 12 September 2006 and 13 December 2007 be deemed time already served under the sentence6.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.