R v Vantoosten

[2009] QCA 54

SUPREME COURT OF QUEENSLAND

CITATION:

R v Vantoosten [2009] QCA 54

PARTIES:

R
v
VANTOOSTEN, Craig Daniel
(applicant)

FILE NO/S:

CA No 13 of 2009
DC No 628 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

13 March 2009

DELIVERED AT:

Brisbane

HEARING DATE:

9 March 2009

JUDGES:

Keane and Muir JJA and Daubney J
Separate reasons for judgment of each member of the court, each concurring as to the order made

ORDER:

The application for leave to appeal against sentence is dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant pleaded guilty to two counts of knowingly possessing child exploitation material – where applicant was sentenced to 12 months imprisonment on each count with parole eligibility set after four months – where applicant had a history of mental health issues – whether sentence was manifestly excessive

Criminal Code 1899 (Qld), s 228D
Penalties and Sentences Act 1992 (Qld), s9(2), s 9(6A), s 9(6B)

R v Daw [2006] QCA 386, cited
R v Plunkett [2006] QCA 182, considered
R v Richardson; ex parte A-G (Qld) (2007) 175 A Crim R 244; [2007] QCA 294, considered
R v Riley [2007] QCA 391, considered
R v Rogers [2009] QCA 10, considered
R v Wharley (2007) 175 A Crim R 253; [2007] QCA 295, cited

COUNSEL:

The applicant appeared on his own behalf
P F Rutledge for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. KEANE JA:  I have had the advantage of reading the reasons for judgment prepared by Muir JA.  I agree with those reasons and with the order proposed by his Honour.

1. MUIR JA:  The applicant pleaded guilty to two counts of knowingly possessing child exploitation material and was sentenced on 12 January 2009 in the District Court to 12 months imprisonment on each count.  12 May 2009 was set as the parole eligibility date.  He seeks leave to appeal against his sentence on the ground that it was manifestly excessive.

1. The applicant was born on 7 June 1975 and had a minor, and largely irrelevant, criminal history.  Little of his personal circumstances was put before the Court at first instance.  The learned sentencing judge was informed that the applicant left school after Year 11, that he had "a history of mental health issues" and that he had been diagnosed in the past "as suffering from anxiety and major depression (sic) disorder."  It was further said that he had taken medication, been treated and undergone counselling for his condition.

1. The subject offences came to light when children in a house in which the applicant boarded found compact disks containing pornographic material in his bedroom.  Police executed a search warrant at the house and seized the applicant's desktop computer and a number of compact disks.  Child exploitation material was…