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Queensland Judgments

[Full-text PDF] R v HAA [2006] QCA 055 (05/0230) Brisb Williams JA Jerrard JA McMurdo J 6/03/2006 (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 – APPLICATION TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – where applicant convicted of maintaining an unlawful sexual relationship with a child under 16 and one count of rape and 15 counts of unlawful carnal knowledge – where unlawful sexual relationship with child was over a prolonged period – where applicant had a protective relationship with the child – where threats and emotional blackmail occurred – where applicant sentenced to 12 years imprisonment on first charge – where applicant argued that too few of the aggravating circumstances identified in R v SAG [2004] QCA 286 - were present – whether sentence was manifestly excessive – whether the sentence should have been moderated to reflect the impact of the automatic serious violent offender declaration – whether leave to appeal should be granted