Queensland Judgments
R v N; ex parte A-G (Qld)
[2003] QCA 391 (03/0228) Brisb McMurdo P Jerrard JA Philippides J 12/09/2003
Catchwords
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where respondent pleaded guilty to unlawful and indecent dealing with a child under 12 who was in his care – where serious breach of trust involved – where nature and number of offences significant – where learned sentencing judge made no reference to respondent’s previous convictions for sexual assaults when sentencing – whether too much weight given to mitigating factors
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where respondent sentenced to two years imprisonment to be suspended after six months with an operational period of three years – where appellant contends that a head sentence of three to three and a half years should have been imposed – where prosecutor at sentence contended that the appropriate head sentence was between 18 months and two years – where this court is limited to imposing a sentence within the range submitted by the prosecutor on sentence save for exceptional circumstances – whether sentence manifestly inadequate
