R v Roberts

Case

[2009] QCA 22

20 February 2009


Details
AGLC Case Decision Date
R v Roberts [2009] QCA 22 [2009] QCA 22 20 February 2009

CaseChat Overview and Summary

The applicant, Roberts, appealed against his conviction and sentence for indecent assault on two young girls, aged 8 and 9. The case was heard in the court of appeal, where the applicant argued that the verdict was unreasonable and that his sentence was manifestly excessive. The central issue before the court was whether the verdict was unreasonable or not supportable having regard to the evidence. The court also considered whether the sentence imposed was manifestly excessive.

The court held that the evidence was sufficient to support the verdict, despite the varying accounts given by the complainants. The court found that the applicant's intoxication and breach of trust with children were significant factors in the case. The court also noted that the applicant had prior criminal convictions and was on probation at the time of the offences. However, the court held that the sentence imposed was not manifestly excessive, taking into account all the circumstances of the case.

In conclusion, the appeal against conviction was dismissed, and the application for leave to appeal against sentence was refused. The court found that the verdict was reasonable and that the sentence imposed was not manifestly excessive. The final orders of the court were that the appeal against conviction was dismissed and the application for leave to appeal against sentence was refused.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

  • Breach of Trust

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Most Recent Citation
R v Nelson [2018] QCA 53

Cases Citing This Decision

8

R v Lu [2018] QCA 193
R v Nelson [2018] QCA 53
R v BCY [2015] QCA 200
Cases Cited

6

Statutory Material Cited

1

R v PAH [2008] QCA 265
M v the Queen [1994] HCA 63
Hocking v Bell [1945] HCA 16