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- R v Rogers[2009] QCA 10
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R v Rogers[2009] QCA 10
R v Rogers[2009] QCA 10
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Sentence Application |
ORIGINATING COURT: | |
DELIVERED ON: | 13 February 2009 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 3 February 2009 |
JUDGES: | McMurdo P, Keane JA and Atkinson J |
ORDER: | The application for leave to appeal against sentence is refused |
CATCHWORDS: | CRIMINAL LAW – SENTENCE – RELEVANT FACTORS – HARDSHIP – TO OFFENDER – applicant charged with making child exploitation material and knowingly possessing child exploitation material – sentenced to three years imprisonment, suspended after 10 months with an operational period of four years – spent seven and a half months in prison prior to sentence – imprisonment was more onerous due to disability of applicant – whether sentence was manifestly excessive CRIMINAL LAW – SENTENCE – RELEVANT FACTORS – NATURE AND CIRCUMSTANCES OF OFFENDER – ILLNESS OR PHYSICAL DISABILITY – applicant had a significant physical disability not adequately managed in prison on remand – whether sentence was manifestly excessive |
COUNSEL: | R East for the applicant |
SOLICITORS: | Legal Aid Queensland for the applicant |