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 2008DIVISION:
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 madeORDER:
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, citedCOUNSEL:
The applicant appeared on his own behalf
P F Rutledge for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
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.
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.
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.
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…
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- AGLC
- R v Vantoosten [2009] QCA 54
- Case
- [2009] QCA 54
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the sentence imposed was manifestly excessive or inadequate. Vantoosten argued that the sentence was excessive in light of his mental health history and the fact that he had pleaded guilty and expressed remorse. The prosecution argued that the sentence was appropriate given the seriousness of the offences.
The court considered the factors relevant to determining whether the sentence was manifestly excessive, including the nature of the offences, the circumstances of the offender, and the need for the sentence to reflect the community's condemnation of the offences. The court found that the sentence was within the range of sentences that could be imposed for the offences, and that it had appropriately reflected the seriousness of the crimes and the need for deterrence. The court also noted that the sentence had taken into account Vantoosten's mental health issues and his early guilty plea. The application for leave to appeal against sentence was dismissed.
Orders
Orders of the court
The application for leave to appeal against sentence 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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