R v Robinson

Case [2007] QCA 99


SUPREME COURT OF QUEENSLAND

CITATION:

R v Robinson [2007] QCA 99

PARTIES:

R
v
ROBINSON, Allan Norman
(appellant/applicant)

FILE NO/S:

CA No 301 of 2006
DC No 444 of 2006 

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

District Court at Cairns

DELIVERED ON:

30 March 2007

DELIVERED AT:

Brisbane

HEARING DATE:

9 March 2007

JUDGES:

Williams and Keane JJA and Muir J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made 

ORDER:

1. Appeal against conviction dismissed
2. Leave to appeal against sentence granted, and appeal allowed
3. The sentences of life imprisonment be set aside and, instead, the appellant be sentenced to 18 years imprisonment in respect of each offence to be served concurrently

CATCHWORDS:

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - MISDIRECTION AND NON-DIRECTION - GENERAL MATTERS - OTHER MATTERS - where appellant convicted of two counts of rape and one count of maintaining a sexual relationship with a child under 16 - where audio recordings admitted into evidence - whether sufficient warning given in relation to voice identification - whether jury should have been provided with a transcript of the audio recordings - whether appropriate directions given to jury as to the use which they could make of the appellant's evidence

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 - WHEN GRANTED - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - where appellant sentenced to life imprisonment - where learned sentencing judge concluded appellant was likely to commit further offences - whether sentence manifestly excessive

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld)
Penalties and Sentences Act 1992 (Qld), s 9(6)

Bulejcik v The Queen (1995) 185 CLR 375, applied
Domican v The Queen (1992) 173 CLR 555, applied
R v H [2001] QCA 167, CA No 40 of 2001, 1 May 2001, considered 
R v Knijff (1993) 69 A Crim R 236, considered
R v Luke [1987] CA 9; CA No 342 of 1986, 4 March 1987, applied
R v Mercer (1993) 67 A Crim R 91, distinguished
R v Zheng (1995) 83 A Crim R 572, distinguished

COUNSEL:

P E Smith for the appellant
D R MacKenzie for the respondent

SOLICITORS:

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

  1. WILLIAMS JA:  I agree with all that is said by Keane JA in his reasons, and with the orders he has proposed.

  1. KEANE JA:  On 9 October 2006, the appellant was convicted after a trial by jury in the District Court at Cairns of one count of maintaining a sexual relationship with a child under 16 years of age and two counts of rape.  The appellant was sentenced to life imprisonment in respect of each offence.

  1. The…

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Details
AGLC
R v Robinson [2007] QCA 99
Case
[2007] QCA 99
Decision Date

CaseChat Overview and Summary

The appeal in this matter concerns the conviction and sentencing of the appellant, Robinson, who was found guilty of two counts of rape and one count of maintaining a sexual relationship with a child under 16. The appellant brought the appeal before the court, challenging both the conviction and the severity of the sentence. The crux of the appeal is the contention that the trial judge did not sufficiently warn the jury about the reliability of voice identification from audio recordings, nor did the judge consider whether a transcript of the recordings should have been provided to the jury. Additionally, the appellant argued that the jury was not properly directed on how they could use the appellant's evidence. The appeal also contests the sentence of life imprisonment, claiming it is manifestly excessive given the circumstances of the case.

The court was tasked with determining whether the trial judge's failure to provide adequate warnings and directions about the use of audio evidence constituted a miscarriage of justice. Furthermore, the court had to consider if the sentence of life imprisonment was appropriate, taking into account the appellant's likelihood of reoffending. The court meticulously reviewed the legal precedents and statutory provisions relevant to these issues, including the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and the Penalties and Sentences Act 1992 (Qld). The court also examined prior cases such as Bulejcik v The Queen, Domican v The Queen, and R v Knijff, among others, to contextualise the current appeal within the established legal framework.

The court found that while there were some deficiencies in the trial judge's directions to the jury regarding the audio evidence, these did not amount to a miscarriage of justice that would warrant a new trial. However, the court determined that the sentence of life imprisonment was manifestly excessive, especially when considering the appellant's age and the possibility of rehabilitation. By applying the principles from Bulejcik v The Queen and Domican v The Queen, the court concluded that the severity of the sentence was disproportionate to the crimes committed. The court granted the appellant leave to appeal against the sentence and allowed the appeal, setting aside the life sentence in favour of 18 years imprisonment for each offence, to be served concurrently.

Orders

Orders of the court

1. Appeal against conviction dismissed

2. Leave to appeal against sentence granted, and appeal allowed

3. The sentences of life imprisonment be set aside and, instead, the appellant be sentenced to 18 years imprisonment in respect of each offence to be served concurrently

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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