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 – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – applicant convicted on guilty plea of assault occasioning bodily harm with a circumstance of aggravation and two counts of rape – originally charged with torture but entered into plea bargain – victim was 21 month old daughter of his partner – admitted to burning child with cigarette – sentenced on basis that he had inserted his penis into victim's vagina and anus – victim sustained serious injury – applicant sentenced to 16 years imprisonment and offences declared to be serious violent offences – where sentencing adjourned to obtain psychiatric report but no such report tendered at sentence – where applicant claims he had significantly increased his drug usage at time of offence and was diagnosed with schizophrenia – where applicant claims he told his solicitor that he inserted a finger or fingers, but not his penis, into child's vagina and anus

whether evidence of psychiatric report not tendered before learned sentencing judge should be received on application for leave to appeal – whether legal representatives were incompetent in not having psychiatric report prepared and in not contesting factual basis of sentence – whether sentence was manifestly excessive