R v Roberts
Case
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[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.
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
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Sentencing
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Breach of Trust
Actions
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Citations
R v Roberts [2009] QCA 22
Most Recent Citation
R v Nelson [2018] QCA 53
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