Queensland Judgments
R v BAX
[2005] QCA 365 (05/0162) Brisb McPherson JA Jerrard JA Fryberg J 30/09/2005
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 by his own guilty pleas of three counts of maintaining a sexual relationship with circumstances of aggravation with three of his four stepchildren – applicant sentenced to nine years imprisonment with serious violent offence declarations made on all three convictions – applicant admitted to committing between 170 and 300 acts of abuse in total – all three children were under 12 during period of abuse – applicant had no prior convictions and had shown remorse – whether the serious violent offence declarations made the sentence manifestly excessive – whether a serious violent offence declaration can be made on a conviction where no actual physical violence
