SUPREME COURT OF QUEENSLAND
CITATION:
R v Rodgers [2021] QCA 97
PARTIES:
R
v
RODGERS, Ezra Keith
(applicant)FILE NO/S:
CA No 32 of 2020
DC No 571 of 2019DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Cairns – Date of Sentence: 30 January 2020 (Fantin DCJ)
DELIVERED ON:
11 May 2021
DELIVERED AT:
Brisbane
HEARING DATE:
13 August 2020
JUDGES:
Morrison and McMurdo JJA and North J
ORDERS:
1. Leave to appeal granted.
2. Appeal allowed.
3. Set aside the sentence imposed for this offence on 30 January 2020.
4. Order that no conviction be recorded for the offence and that the applicant not be further punished for it.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA – PARTICULAR CASES – where the applicant pleaded guilty to one count of possession of child exploitation material –where the applicant was sentenced to a 12 month suspended sentence, had a conviction recorded and became subject to the requirements of the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) – whether the sentencing judge could be satisfied that there was some particular purpose for the applicant to be subject to the requirements of the Act – whether the sentence was manifestly excessive
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld)
Penalties and Sentences Act 1992 (Qld), s 9(6)(d)R v Bunton[2019] QCA 214, considered
COUNSEL:
J J Sheridan for the applicant
A Nikolic for the respondentSOLICITORS:
Hartley Whitla Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MORRISON JA: I have read the reasons of McMurdo JA and agree with those reasons and the orders his Honour proposes.
McMURDO JA: The applicant was convicted, on his plea of guilty, of an offence of the possession of child exploitation material, which was committed in February 2019 when he was 39 years of age. By that offence, he breached a suspended period of imprisonment which had been imposed in the Magistrates Court in May 2017, for offences of public nuisance and the obstruction of police. No further action was taken in respect of that breach. For the subject offence, he was sentenced to a wholly suspended term of imprisonment of 12 months, with an operational period of 12 months.
Because of that sentence of imprisonment, a conviction had to be recorded.[1] Because a conviction was recorded, the applicant became subject to the onerous requirements of the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) (“the Reporting Act”).
[1]Penalties and Sentences Act 1992 (Qld), s 152.
The judge described this offence as being at a “relatively low level”. On his mobile phone, there were four images (two of which were electronic copies of the same image). One image was in category four and the others in category one, in the accepted categorisation of material in this context. The judge accepted that…
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- AGLC
- R v Rodgers [2021] QCA 97
- Case
- [2021] QCA 97
- Decision Date
CaseChat Overview and Summary
Rodgers' appeal raised two primary issues. The first was whether the sentencing judge could be satisfied that there was some particular purpose for Rodgers to be subject to the requirements of the Child Protection Act. The second issue was whether the sentence was manifestly excessive. The court was required to determine whether the sentencing judge's decision to impose the sentence and the associated requirements of the Act was legally sound and proportionate to the offence committed.
The appeal court found that the sentencing judge was not satisfied that there was a particular purpose for Rodgers to be subject to the requirements of the Child Protection Act. The court held that this was a critical error in the sentencing process. Furthermore, the court found that the sentence was manifestly excessive. The court considered the nature of the offence, Rodgers' background, and the impact of the sentence on him, concluding that the sentence did not reflect an appropriate balance between the need for punishment, deterrence, and rehabilitation. As a result, the appeal was allowed, the sentence was set aside, and no conviction was recorded for the offence.
Orders
Orders of the court
1. Leave to appeal granted.
2. Appeal allowed.
3. Set aside the sentence imposed for this offence on 30 January 2020.
4. Order that no conviction be recorded for the offence and that the applicant not be further punished for it.
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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