SUPREME COURT OF QUEENSLAND
CITATION: R v T; ex parte A-G [2000] QCA 282 PARTIES: R
v
T
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S: CA No 113 of 2000
DC No 876 of 2000DIVISION: Court of Appeal PROCEEDING: Sentence Appeal by Attorney-General (Qld) ORIGINATING COURT: District Court at Brisbane
DELIVERED ON: 21 July 2000 DELIVERED AT: Brisbane HEARING DATE: 10 July 2000 JUDGES: McPherson and Thomas JJA, Mullins J
Joint reasons for judgment of Thomas JA and Mullins J; separate reasons of McPherson JA, concurring as to the orders made
ORDER: Appeal dismissed. CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATION TO INCREASE SENTENCE – OTHER OFFENCES – maintaining an unlawful sexual relationship – offender voluntarily going to police – whether sentence of 12 months to be served by intensive correction order manifestly inadequate – actual term of imprisonment usually required – respondent already served three months of intensive correction order
R v Curtis [1999] QCA 197, CA No 42 of 1999, 28 May 1999, considered
R v D [1996] 1 Qd R 363, considered
R v Fattoretto [1998] QCA 131, CA No 31 of 1998, 7 April 1998, considered
R v Grey; ex parte Attorney-General [1995] QCA 158, CA No 477 of 1994, 5 May 1995, considered
R v Hackett [1993] QCA 240, CA No 144 of 1993, 23 June 1993, considered
R v Kuhl [1993] QCA 38, CA No 369 of 1992, 5 February 1993, considered
R v Lipinski (1994) 75 A Crim R 54, considered
R v Phuc Minh Pham [1996] QCA 3, CA No 435 of 1995, 6 February 1996, considered
R v Solway; ex parte Attorney-General [1995] QCA 374, CA No 164 and 187 of 1995, 22 August 1995, considered
R v Wilson [1998] QCA 74, CA No 41 of 1998, 28 April 1998, considered
R v Young [1997] QCA 87, CA No 23 of 1997, 18 April 1997, consideredCOUNSEL: M J Byrne QC for the appellant
A J Rafter for the respondentSOLICITORS: Director of Public Prosecutions (Queensland) for the appellant
Gilshenan & Luton for the respondent
McPHERSON JA: In R v Phuc Minh Pham (CA No 435 of 1995, 6 February 1996), a court consisting of Fitzgerald P, Davies JA and Mackenzie J said that "other than in exceptional circumstances, those who indecently assault or otherwise deal with children should be sent to jail". Pham was a case of an isolated incident perpetrated by a shopkeeper on a girl less than 12 years of age who came to his shop. He was sentenced to imprisonment for two years, which on appeal was reduced to one year.
Judged by what was said in that case, and by the sentence as reduced in this Court, it would have been very difficult to justify anything short of…
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- AGLC
- R v T; ex parte [2000] QCA 282
- Case
- [2000] QCA 282
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence of 12 months imprisonment to be served by an intensive correction order was manifestly inadequate and whether the actual term of imprisonment was usually required. The court was required to consider the principles of sentencing and the circumstances of the case in determining whether the sentence was manifestly inadequate.
The court found that the sentence was not manifestly inadequate and dismissed the appeal. The court considered the principles of sentencing and the fact that the respondent had voluntarily presented to the police and pleaded guilty. The court also noted that the respondent had already served three months of the intensive correction order. The court found that the sentence was appropriate in the circumstances and dismissed the appeal. The respondent was ordered to continue to serve the balance of the intensive correction order.
Orders
Orders of the court
Appeal 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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