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Date of conviction after trial (Farr SC DCJ and jury) of nine assaults, five assaults occasioning bodily harm and a rape concerning former partner in course of relationship; accused made out-of-court statements that he threatened complainant ‘unless he got sex or food’, ‘raped her’ and if he ‘didn’t get what he wanted, he’d take it’; trial judge gave separate charges direction and dealt with offences of violence and rape count separately; accused’s case that conduct did not occur.
Primary Judgment
DC605/19 (No citation)
28 Nov 2019
Date of sentence of effective term of 8y imprisonment with no order as to parole, comprising 6.5y for rape cumulative upon 1.5y for each assault occasioning bodily harm; 23-29yo offender, insignificant history, lengthy period of offending, particularly serious anal rape involving threat but no violence beyond that used for purposes of committing offence, no remorse; head sentence reduced by 2y to account for approx. 2y non-declarable pre-sentence custody (Farr SC DCJ).
Appeal Determined (QCA)
[2020] QCA 200
15 Sep 2020
Appeal of rape conviction dismissed; statements not capable of constituting admission (Holmes CJ contra) but properly left as evidence of willingness to act on sexual interest in absence of consent; no real risk of use of evidence of violence to support rape count so as to require warning. Leave to appeal sentence granted, appeal allowed; failure to account for non-declarable pre-sentence custody in determining NPP; resentenced by fixing PED accordingly: Holmes CJ, Philippides JA, Mullins JA.
Appeal Status
Appeal Determined (QCA)
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