Exit Distraction Free Reading Mode
- Unreported Judgment
- Appeal Determined (QCA)
- R v Vantoosten[2009] QCA 54
- Add to List
R v Vantoosten[2009] QCA 54
R v Vantoosten[2009] QCA 54
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Sentence Application |
ORIGINATING COURT: | |
DELIVERED ON: | 13 March 2009 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 9 March 2009 |
JUDGES: | Keane and Muir JJA and Daubney J |
ORDER: | The application for leave to appeal against sentence is dismissed |
CATCHWORDS: | CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant pleaded guilty to two counts of knowingly possessing child exploitation material – where applicant was sentenced to 12 months imprisonment on each count with parole eligibility set after four months – where applicant had a history of mental health issues – whether sentence was manifestly excessive Criminal Code 1899 (Qld), s 228D R v Daw [2006] QCA 386, cited |
COUNSEL: | The applicant appeared on his own behalf |
SOLICITORS: | The applicant appeared on his own behalf |
[1] KEANE JA: I have had the advantage of reading the reasons for judgment prepared by Muir JA. I agree with those reasons and with the order proposed by his Honour.
[2] MUIR JA: The applicant pleaded guilty to two counts of knowingly possessing child exploitation material and was sentenced on 12 January 2009 in the District Court to 12 months imprisonment on each count. 12 May 2009 was set as the parole eligibility date. He seeks leave to appeal against his sentence on the ground that it was manifestly excessive.
[3] The applicant was born on 7 June 1975 and had a minor, and largely irrelevant, criminal history. Little of his personal circumstances was put before the Court at first instance. The learned sentencing judge was informed that the applicant left school after Year 11, that he had "a history of mental health issues" and that he had been diagnosed in the past "as suffering from anxiety and major depression (sic) disorder." It was further said that he had taken medication, been treated and undergone counselling for his condition.
[4] The subject offences came to light when children in a house in which the applicant boarded found compact disks containing pornographic material in his bedroom. Police executed a search warrant at the house and seized the applicant's desktop computer and a number of compact disks. Child exploitation material was found on the computer hard drive and on four of the disks. Count 1 relates to material on the hard drive. An agreed statement of facts reveals that the hard drive contained:
"… 3 child exploitation picture files titles such as '13yr my little sister posing nude' and 'pedo-mom and daughter'
… 2 child exploitation text files
… 68 are child exploitation material. The names of the files include:
-6 yo Girl about to have Sex with Father;
-7 yo Girl Playing with 7 yo Boy in Shower;
-8 yo Natasha about to have Sex;
-9 yo Having Sex with Dad;
-8 yo Having Sex.
The images are of girls around 6 to 9 years old. They include images of naked children alone and in sexual acts with other children and adults, including vaginal penetration of young girls by male children, and penile and digital penetration of young girls by adults. The images also depict young girls being orally penetrated by erect adult penis."
[5] Five of the compact disks contained a total of 33 child exploitation video files. They are the subject matter of count 2. The agreed statement of facts contains the following information about them: the videos were mainly of young girls, some as young as five, being vaginally and anally penetrated by adult males. There are images which include: "a bound girl being vaginally and anally penetrated; group sexual activity with girls as young as 3 years of age and a video file entitled '3 little girls 7 yo 8 yo 11 yo sucking grampa dick - 11 yo girl fucked by the ass for other olderman'."