R v Sparrow

Case [2015] QCA 271


SUPREME COURT OF QUEENSLAND

CITATION:

R v Sparrow [2015] QCA 271

PARTIES:

R
v
SPARROW, Ben

(applicant)

FILE NO/S:

CA No 23 of 2015
DC No 1515 of 2014

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:


District Court at Brisbane – Unreported, 9 February 2015

DELIVERED ON:

11 December 2015

DELIVERED AT:

Brisbane

HEARING DATE:

21 July 2015

JUDGES:

Gotterson and Morrison JJA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The application is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant pleaded guilty to a number of counts including two counts of using a carriage service to procure a person under 16 years of age to engage in sexual activity; five counts of indecent treatment of a child under 16 years; two counts of sodomy of a person under 18 years; and one count of unlawful carnal knowledge of a child under 16 years – where the applicant was sentenced to eight years’ imprisonment, with a non-parole period of four years and six months in respect of the two counts relating to using a carriage service to procure a person under 16 years of age to engage in sexual activity and three years in respect of the remaining eight counts, to be served concurrently – where the applicant was 35 years old and the complainant was 12 years old – where the applicant communicated with the complainant via text message, Facebook, and telephone over three months – where the applicant told the complainant in explicit language of his sexual interest in her – where the applicant met with the complainant in a motel and he performed various sexual acts on her and asked the complainant to perform sexual acts on him – where the applicant and the complainant continued to exchange numerous sexually explicit texts – where the complainant’s mother discovered the Facebook exchanges between the applicant and the complainant – where  the police were involved and the applicant was arrested – whether the sentence was manifestly excessive

Criminal Code (Cth), s 474.26(1)
Probation and Parole Act 1983 (NSW)

Cooper v The Queen [2012] VSCA 32, considered
Director of Public Prosecutions v Chatterton [2014] VSCA 1, considered
Director of Public Prosecutions (Cth) v Hizhnikov (2008) 192 A Crim R 69; [2008] VSCA 269, considered
Griffiths v The Queen (1989) 167 CLR 372; [1989] HCA 39, considered
Minehan v The Queen (2010) 201 A Crim R 243; [2010] NSWCCA 140, considered
R v Asplund(2010) 216 A Crim R 48; [2010] NSWCCA 316, considered
R v Engeln[2014] QCA 313, considered
R v Fuller [2010] NSWCCA 192, considered
R v Gajjar (2008) 192 A Crim R 76; [2008] VSCA 268, considered
R v Nagy [2004] 1 Qd R 63; [2003] QCA 175, considered

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AGLC
R v Sparrow [2015] QCA 271
Case
[2015] QCA 271
Decision Date

CaseChat Overview and Summary

In the matter of R v Sparrow, the applicant appealed against the sentence imposed by the lower court, arguing that it was manifestly excessive. The applicant had pleaded guilty to a series of serious sexual offences involving a 12-year-old child, including procuring the child to engage in sexual activity via a carriage service, indecent treatment, sodomy, and unlawful carnal knowledge. The applicant was sentenced to a total of eight years' imprisonment, with a non-parole period of four years and six months for two counts, and three years for the remaining counts, to be served concurrently.

The legal issue before the court was whether the sentence imposed was manifestly excessive, taking into account the nature and circumstances of the offences and the applicant's personal circumstances. The court considered the severity and frequency of the offences, the age of the victim, the explicit nature of the communications between the applicant and the victim, and the applicant's age at the time of sentencing. The court also considered the principle of proportionality and whether the sentence imposed was commensurate with the seriousness of the offences.

After careful consideration, the court found that the sentence was not manifestly excessive. The court noted the gravity of the offences and the need to protect the community and deter similar conduct. The court also noted the applicant's guilty plea and the fact that he had no prior criminal record. The court concluded that the sentence imposed was appropriate and proportionate to the seriousness of the offences. The appeal against sentence was therefore dismissed.

The court's final order was that the application for appeal against sentence was refused.

Orders

Orders of the court

The application is refused.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

This ground has been dealt with above in paragraphs [54] to [58] above.Conclusion For the reasons given above I would refuse the application. DOUGLAS J: I also agree with the reasons of Morrison JA and the order proposed.

Ratio Decidendi

Legal Principle Established

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