Queensland Judgments
R v Kennings
[2004] QCA 162 (04/0035) Brisb Williams JA Muir J Mullins J 14/05/2004 (delivered ex tempore)
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – JUDGMENT AND PUNISHMENT- APPEAL AGAINST SENTENCE –APPEAL BY CONVICTED PERSON – APPLICATION TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – SEXUAL OFFENCES –applicant convicted under s 218A Criminal Code (Q) for using the internet to procure a person whom he believed to be under 16 years to engage in a sexual act – applicant sought leave to appeal against sentence of 2 1/2 years suspended after 9 months for an operational period of 4 years – whether the sentence was manifestly excessive in all the circumstances, including the fact that no real child was the recipient of the applicant’s communications, the applicant’s remorse and cooperation with the authorities and his ongoing treatment and prognosis.
