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Sentenced for 20 sexual offences involving daughter as child (1985-1989), daughter as adult (2008, 2016), and granddaughters as children (2012-2017); sentenced to 12 years’ imprisonment comprising three sets of concurrent sentences served cumulatively upon one another; sentencing judge wrongly presumed that accumulated 12y sentence attracted automatic SVO declaration (but not all offences were scheduled offences); in sentencing, reference made to uncharged acts in statement of facts (Reid DCJ).
QCA Interlocutory Judgment
[2020] QCA 270 (2020) 6 QR 617
04 Dec 2020
Leave to appeal granted; sentencing judge wrongly regarded uncharged acts as increasing gravity of offending, which may have increased sentence; as to whether some other sentence should have been passed – very serious offending (inc incest) with serious effects, very young children, no remorse, guilty pleas, offender dangerous; adjourned for offender to consider whether to appeal (per Neal v R (1982) 149 CLR 305, 308): Sofronoff P, Fraser JA, Philippides JA.
Appeal Discontinued (QCA)
File Number: CA326/19
17 Dec 2020
Notice of abandonment of application filed.
Appeal Status
Appeal Discontinued (QCA)
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