SUPREME COURT OF QUEENSLAND
CITATION:
R v WAM [2011] QCA 316
PARTIES:
R
v
WAM
(applicant)FILE NO/S:
CA No 113 of 2011
DC No 466 of 2011
DC No 1443 of 2010
DC No 1444 of 2010
DC No 1453 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
8 November 2011
DELIVERED AT:
Brisbane
HEARING DATE:
21 October 2011
JUDGES:
Margaret McMurdo P, Fraser JA and Margaret Wilson AJA
Separate reasons for judgment of each member of the Court,each concurring as to the order made
ORDER:
Application for leave to appeal against sentence refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL –APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to 15 sexual offences contained in four indictments against his three half-sisters and cousin – where the applicant was sentenced to 11 years imprisonment for maintaining a sexual relationship with a circumstance of aggravation and lesser concurrent sentences on the remaining offences – where the applicant contended that the sentence was outside the range for a youthful offender without a relevant criminal history – whether the sentence was manifestly excessive
R v BBY [2011] QCA 69, considered
R v McDougall and Collas [2007] 2 Qd R 87; [2006] QCA 365, cited
R v PAN [2011] QCA 192, cited
R v P; ex parte A-G [2001] QCA 188, cited
R v SAG (2004) 147 A Crim R 301; [2004] QCA 286, considered
R v ZA; ex parte A-G (Qld) [2009] QCA 249, consideredCOUNSEL:
H C Fong for the applicant
R G Martin SC for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant was charged with 15 sexual offences contained in four indictments. On the morning of 9 May 2011 prior to the commencement of the trial of the indictment concerning his half sister, N, he pleaded guilty to that indictment and to another indictment concerning his half sister, M, which was listed for trial later in May. He had already pleaded guilty to an indictment concerning his half sister, K, and another indictment concerning his cousin, C. He was sentenced to 11 years imprisonment for maintaining a sexual relationship with N with a circumstance of aggravation (count 6); and to eight years imprisonment on the remaining five rape counts (counts 1 to 5) and two incest counts (counts 7 and 8). On the indictment concerning K, he was sentenced to nine years imprisonment for the single count of maintaining a sexual relationship with a circumstance of aggravation. On the indictment concerning M, he was sentenced to eight years imprisonment on four counts of rape (counts 1, 2, 4 and 5) and two years imprisonment on the count of indecent dealing (count 3). On the indictment concerning C, he was sentenced to three years imprisonment on the single…
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- AGLC
- R v Wam [2011] QCA 316
- Case
- [2011] QCA 316
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed on the applicant was manifestly excessive, given his age and lack of criminal history. The court was required to consider whether the sentence departed significantly from the range of sentences typically imposed for similar offences, and whether the circumstances warranted a reduction in the sentence.
The court thoroughly examined the principles governing sentencing for sexual offences, noting that the sentence imposed must be proportionate to the gravity of the offence and the circumstances of the offender. The court found that the sentence, while severe, was not manifestly excessive. The court considered the nature and extent of the offences, the vulnerability of the victims, and the need for deterrence and denunciation. The court concluded that the sentence was within the appropriate range for the seriousness of the offences and the applicant's circumstances, and thus the sentence was not manifestly excessive.
Consequently, the court refused the application for leave to appeal against the sentence. The court's decision affirmed the sentence imposed by the trial judge and recognised the importance of maintaining a consistent approach to sentencing for serious sexual offences.
Orders
Orders of the court
Application for leave to appeal against sentence refused
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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