Queensland Judgments
R v PW
[2005] QCA 177 (05/0102) Brisb McPherson JA Keane JA Mullins J 30/05/2005 (delivered ex tempore)
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 GRANTED - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - where the applicant pleaded guilty to four counts of indecent dealing with a child under 12 years of age and one count of taking an indecent photograph of a child under 12 years - where the female child was the applicant's natural daughter and was three years of age at the time of the offences - where the indecent dealing involved the applicant performing oral sex on the child and having the child perform oral sex on him - where applicant had previously committed like offences - where sentencing judge took into account the applicant's early plea of guilty and co-operation with the authorities - where sentencing judge imposed a sentence of three and a half years imprisonment with respect to each count - whether sentencing judge had adopted an appropriate head sentence
whether sufficient weight had been accorded to the applicant's extraordinary level of co-operation with the authorities as well as his apparent prospects for rehabilitation as evidenced in a psychologist's report - whether sentence imposed was manifestly excessive
