R v Weldon

[2006] QCA 504

SUPREME COURT OF QUEENSLAND

CITATION:

R v Weldon [2006] QCA 504

PARTIES:

R
v
WELDON, Craig Lee
(applicant)

FILE NO/S:

CA No 232 of 2006
DC No 140 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED ON:

1 December 2006

DELIVERED AT:

Brisbane

HEARING DATE:

20 November 2006

JUDGES:

Williams and Keane JJA and Chesterman J
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 dismissed

CATCHWORDS:

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS -  APPLICATIONS TO REDUCE SENTENCE - WHEN REFUSED- PARTICULAR OFFENCES - SEXUAL OFFENCES - where applicant pleaded guilty to 10 counts of maintaining a sexual relationship with a child under 16 years with circumstances of aggravation and was sentenced to 20 years imprisonment - applicant was further sentenced to one count of maintaining an unlawful sexual relationship with a child under 16 years of age with a circumstance of aggravation - seven counts of indecent treatment of a child with circumstances of aggravation, five counts of indecent treatment of a child with a circumstance of aggravation and one count of unlawful sodomy with circumstances of aggravation, for which he received 10 years for each count to be served concurrently - where offending behaviour occurred over a period of eight years - where there were 16 different boys abused - whether sentence imposed was manifestly excessive in all the circumstances

R v D [2003] QCA 547; CA No 259 of 2003, 12 December 2003, cited

R v H [2001] QCA 167; CA No 40 of 2001, 1 May 2001, cited

R v P; ex parte A-G (Qld) [2001] QCA 188, CA Nos 328 and 329 of 2000, 18 May 2001, cited

Veen v The Queen (No 2) (1998) 164 CLR 465, cited

COUNSEL:

D C Shepherd for the applicant
M J Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. WILLIAMS JA:  I have had the advantage of reading the reasons for judgment of Keane JA.  I agree with all that he has said therein.  The application for leave to appeal against sentence should be dismissed.

1. KEANE JA:  On 23 March 2006, the applicant was convicted, on his plea of guilty, of a number of sexual offences.  The matter of sentence was adjourned to 10 August 2006.  On that date, he was sentenced to concurrent sentences of up to 20 years imprisonment.  A total of 1,828 days was declared as time served under the sentence.

1. The applicant seeks leave to appeal against the sentences, contending that the sentences of 20 years imprisonment should be reduced to 16 years imprisonment on the grounds that:

(a)        the sentences were manifestly excessive;

(b)        the learned sentencing judge erred in proceeding on the footing…