SUPREME COURT OF QUEENSLAND
CITATION:
R v SAK [2004] QCA 379
PARTIES:
R
v
SAK
(appellant/applicant)FILE NO/S:
CA No 29 of 2004
CA No 34 of 2004
DC No 23 of 2002DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Bundaberg
DELIVERED ON:
15 October 2004
DELIVERED AT:
Brisbane
HEARING DATE:
1 October 2004
JUDGES:
Williams and Jerrard JJA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Each of the appeals against convictions incurred on 27 June 2002, the application for leave to change the pleas entered on 14 October 2002, and the application for leave to appeal the sentences, is dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON PLEA OF GUILTY – PARTICULAR CASES –– where appellant pleaded guilty to four counts charging sexual offences committed against his step-daughter – where appellant sought to withdraw pleas of guilty on appeal on the basis that his pleas were based on false evidence – where the appellant filed affidavit in which the complainant step-daughter deposed that the appellant had not committed any sexual offences against her but at the hearing of the appeal repudiated the contents of her affidavit – whether pleas of guilty should be set aside
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – FRESH EVIDENCE – where appellant convicted after a trial of four counts charging sexual offences against his eldest step-daughter – where appellant claimed his convictions were based on false evidence – whether any basis for the appellant’s claim
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where applicant convicted of four counts charging sexual offences against one step-daughter after a trial and four counts charging sexual offences against his other step-daughter on pleas of guilty – where both complainants children at time of offences - where applicant received head sentence of 11 years imprisonment with a declaration that he had been convicted of a serious violent offence – where no remorse - whether sentence manifestly excessive
R v Myers [2002] QCA 143; CA No 353 of 2001, 19 April 2002, cited
R v R [2000] QCA 279; CA No 126 of 2000, 14 July 2000, citedR v SAG [2004] QCA 286; CA No 55 of 2004, 6 August 2004, cited
COUNSEL:
The appellant/applicant appeared on his own behalf
M J Copley for the respondentSOLICITORS:
The appellant/applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
WILLIAMS JA: Given the evidence of P in this court there is no basis for the appellant’s claim that his convictions were based on false evidence.
I agree with all that is said in the…
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- AGLC
- R v SAK [2004] QCA 379
- Case
- [2004] QCA 379
- Decision Date
CaseChat Overview and Summary
The court found that there was no basis for the appellant’s claim that his convictions were based on false evidence. The step-daughter's repudiation of her affidavit was deemed to be unreliable, and the court found that the appellant's pleas were voluntary and properly entered. The court held that the appellant's application to withdraw his pleas of guilty was an abuse of process and was dismissed. The appeal against the convictions was also dismissed.
In addition, the court considered whether the sentence imposed was manifestly excessive. The appellant was convicted of four counts of sexual offences against one step-daughter and four counts against another step-daughter, both of whom were children at the time of the offences. The appellant received a head sentence of 11 years imprisonment, with a declaration that he had been convicted of a serious violent offence and no remorse. The court found that the sentence was not manifestly excessive.
Each of the appeals against convictions incurred on 27 June 2002, the application for leave to change the pleas entered on 14 October 2002, and the application for leave to appeal the sentences, is dismissed.
Orders
Orders of the court
Each of the appeals against convictions incurred on 27 June 2002, the application for leave to change the pleas entered on 14 October 2002, and the application for leave to appeal the sentences, is dismissed
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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