[1996] QCA 468
IN THE COURT OF APPEAL
SUPREME COURT OF QUEENSLAND
C.A. No. 116 of 1996
Brisbane
BeforeFitzgerald P.
Moynihan J.
MacKenzie J.
[R. v. T]
THE QUEEN
v.
T
Appellant
Fitzgerald P.
Moynihan J.
Mackenzie J.
Judgment delivered 22 November 1996
Reason for Judgment of the Court
APPEAL AGAINST CONVICTION DISMISSED. APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE REFUSED.
CATCHWORDS: CONVICTION - unlawfully maintaining a sexual relationship - circumstance of aggravation - whether trial judge erred in refusing an application at trial for further and better particulars of the material count against the appellant - degree of specificity required to be alleged by the prosecution - whether the trial judge misdirected the jury - appellant failed to apply for redirections at trial - whether a substantial miscarriage of justice resulted.
SENTENCE - whether manifestly excessive - no attempt to argue that proposition at the hearing of the appeal.
Criminal Code, ss. 210(1)(a), 210(2), 229 (1A) , 229(1B), 229B
Giretti and Giretti (1986) 24 A.Crim.R. 112
Hamzy (1994) 74 A.Crim.R. 341
Johnson v. Miller (1937) 59 C.L.R. 467
K (C.A. 82 of 1995, unreported, 29 August 1995)
Montgomery v. Stewart (1967) 116 C.L.R. 220
S. v. R. (1989) 168 C.L.R. 266
The Director of Public Prosecution (Victoria) v. His Honour Judge G.D. Lewis of the County Court of Victoria (Vic. C.A. 4148 of 1996)
Walsh v. Tattersall (1996) 139 A.L.R. 27
Counsel:Mr A. Boe, Solicitor, for the appellant.
Mr P. Rdigway for the respondent.
Solicitors:Boe & Callaghan for the appellant.
Queensland Director of Public Prosecutions for the respondent.
Hearing Dates: 10 and 17 October 1996
REASONS FOR JUDGMENT - THE COURT
Judgment delivered 22 November 1996
On 14 March 1996, the appellant was convicted in the District Court at Maroochydore of one offence of indecent dealing with a girl under the age of 14 years between February and April 1988, one offence of indecent assault on a female between June and July 1991, and one offence of unlawfully maintaining a sexual relationship involving indecent dealing with a child under 16 during an intervening period which extended from July 1989 to January 1991. He has appealed against his convictions, but his grounds of appeal are confined to the offence of unlawfully maintaining a sexual relationship. Although the appellant has also applied for leave to appeal against the sentences imposed on him when he was convicted on the ground that his sentences were manifestly excessive, no attempt was made to advance that proposition by argument. The complainant had been raised as the daughter of the appellant and his wife from the time when she was aged about two years, and the sentences, concurrent terms of imprisonment for one year in respect of each of the offences of indecent dealing and indecent assault and three years for the offence of unlawfully maintaining a sexual relationship, were plainly not beyond the range of a sound sentencing discretion. Accordingly, the application for leave to appeal against sentence should be refused.
Maintaining an unlawful…
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