R v Rankmore; ex parte A-G (Qld) Summary

SUPREME COURT OF QUEENSLAND

CITATION:

R v Rankmore; ex parte A-G (Qld) [2002] QCA 500

PARTIES:

R
v
RANKMORE, Craig John
(appellant/respondent/applicant)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(respondent/ appellant)

FILE NO/S:

CA No 223 of 2002
CA No 285 of 2002
CA No 288 of 2002
DC No 203 of 2002

DIVISION:

Court of Appeal

PROCEEDINGS:

Appeal against Conviction
Appeal against Sentence by A-G (Qld)
Sentence Application

ORIGINATING COURT:

District Court at Maroochydore

DELIVERED ON:

Judgment delivered on 15 November 2002
Further Order delivered on 19 November 2002

DELIVERED AT:

Brisbane

HEARING DATE:

12 November 2002

JUDGES:

de Jersey CJ, Williams JA and Mullins J
Judgment of the Court

FURTHER ORDER:

Vacate the orders made on 15 November 2002;
In lieu thereof, order as follows:

the appeal against conviction is dismissed;1.

the application for leave to appeal against sentence is refused;2.

the appeal against sentence brought by the Honourable the Attorney-General is allowed; and3.

the sentence of nine years imprisonment in respect of each of counts 11 and 13 (rape) and three, five and seven years imprisonment respectively on counts 2, 8 and 10 (torture), be set aside, and that in lieu thereof, it be ordered that the respondent be imprisoned, in respect of each of counts 11 and 13, for 12 years, and in respect of counts 2, 8 and 10 respectively, for 6, 8 and 10 years, the terms to be served concurrently, and concurrently with the other terms of imprisonment imposed by the District Court on 21 August 2002.4.

COUNSEL:

T Carmody SC, with C Smiley, for the appellant/applicant in CA No 223 of 2002 and CA 288 of 2002 and for the respondent in CA 285 of 2002
C Heaton for the respondent in CA No 223 of 2002 and CA No 288 of 2002 and for the appellant in CA No 285 of 2002

SOLICITORS:

Ryan & Bosscher for the appellant/applicant in CA No 223 of 2002 and CA 288 of 2002 and for the respondent in CA 285 of 2002

Director of Public Prosecutions (Qld) for the respondent in CA No 223 of 2002 and CA No 288 of 2002 and for the appellant in CA No 285 of 2002

CaseChat Overview and Summary

Craig John Rankmore appealed against his conviction and sentence in the Supreme Court of Queensland. Rankmore was convicted in the District Court at Maroochydore of various serious criminal offences, including rape and torture, and was sentenced to a total of 24 years imprisonment. The Attorney-General of Queensland appealed against the sentence, contending that it was too lenient. Rankmore, in turn, sought to appeal against his conviction and also applied for leave to appeal against the sentence.

The legal issues before the court were whether the appeal against conviction should be dismissed, whether leave to appeal against the sentence should be granted, and whether the sentence was manifestly inadequate. The court had to consider the principles of appellate jurisdiction, the appropriate exercise of discretion in granting leave to appeal, and the proportionality of the sentence imposed.

The Court of Appeal found that the appeal against conviction should be dismissed as there was no substantial miscarriage of justice. However, the court found that the sentence was manifestly inadequate and allowed the appeal against sentence brought by the Attorney-General. The court set aside the original sentences and imposed new sentences, which were more severe, to be served concurrently with other sentences imposed by the District Court. The court vacated its earlier orders and substituted them with the new orders, including the dismissal of the appeal against conviction, the refusal of leave to appeal against sentence by Rankmore, and the allowance of the appeal against sentence by the Attorney-General with the imposition of new sentences.

R v Rankmore; ex parte A-G (Qld)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	R v Rankmore; ex parte A-G (Qld) [2002] QCA 500
PARTIES:	R v RANKMORE, Craig John (appellant/respondent/applicant) EX PARTE ATTORNEY-GENERAL OF QUEENSLAND (respondent/ appellant)
FILE NO/S:	CA No 223 of 2002 CA No 285 of 2002 CA No 288 of 2002 DC No 203 of 2002
DIVISION:	Court of Appeal
PROCEEDINGS:	Appeal against Conviction Appeal against Sentence by A-G (Qld) Sentence Application
ORIGINATING COURT:	District Court at Maroochydore
DELIVERED ON:	Judgment delivered on 15 November 2002 Further Order delivered on 19 November 2002
DELIVERED AT:	Brisbane
HEARING DATE:	12 November 2002
JUDGES:	de Jersey CJ, Williams JA and Mullins J Judgment of the Court
FURTHER ORDER:	Vacate the orders made on 15 November 2002; In lieu thereof, order as follows: the appeal against conviction is dismissed;1. the application for leave to appeal against sentence is refused;2. the appeal against sentence brought by the Honourable the Attorney-General is allowed; and3. the sentence of nine years imprisonment in respect of each of counts 11 and 13 (rape) and three, five and seven years imprisonment respectively on counts 2, 8 and 10 (torture), be set aside, and that in lieu thereof, it be ordered that the respondent be imprisoned, in respect of each of counts 11 and 13, for 12 years, and in respect of counts 2, 8 and 10 respectively, for 6, 8 and 10 years, the terms to be served concurrently, and concurrently with the other terms of imprisonment imposed by the District Court on 21 August 2002.4.
COUNSEL:	T Carmody SC, with C Smiley, for the appellant/applicant in CA No 223 of 2002 and CA 288 of 2002 and for the respondent in CA 285 of 2002 C Heaton for the respondent in CA No 223 of 2002 and CA No 288 of 2002 and for the appellant in CA No 285 of 2002
SOLICITORS:	Ryan & Bosscher for the appellant/applicant in CA No 223 of 2002 and CA 288 of 2002 and for the respondent in CA 285 of 2002 Director of Public Prosecutions (Qld) for the respondent in CA No 223 of 2002 and CA No 288 of 2002 and for the appellant in CA No 285 of 2002