Queensland Judgments
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  • Appeal Determined (QCA)

R v Mizner[2019] QCA 198

CITATION: R v Mizner [2019] QCA 198
JUDGE(S): Morrison JA, Philippides JA, Applegarth J
DELIVERED ON: 27 September 2019
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Editorial Notes

  • Published Case Name:

    R v Mizner

  • Shortened Case Name:

    R v Mizner

  • MNC:

    [2019] QCA 198

  • Court:

    QCA

  • Judge(s):

    Morrison JA, Philippides JA, Applegarth J

  • Date:

    27 Sep 2019

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC914/18 (No citation)26 Oct 2018Sentenced to 19y (SVO) on maintaining count; offender repeatedly raped and sexually abused partner’s 2yo child on four days over three months using force, causing distress and psychological trauma, which was filmed for distribution; offender also possessed other CEM; 30-31yo, guilty pleas, no remorse, prejudicial upbringing, psychological issues, serious danger, no real rehabilitative prospects; sentence practically cumulative upon 11y served overseas for child sex offences (Clare SC DCJ).
Notice of Appeal FiledFile Number: CA309/1822 Nov 2018Application for leave to appeal against sentence filed.
Appeal Determined (QCA)[2019] QCA 19827 Sep 2019Application for leave to appeal against sentence refused; sentence not manifestly excessive by reason of misapplication of totality principle (proceeding on parties’ assumption that totality principle applies to sentences imposed and served outside Australia, without deciding the point): Morrison JA (Philippides JA agreeing, Applegarth J agreeing with additional reasons).

Appeal Status

Appeal Determined (QCA)

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