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Sentenced 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 Filed
File Number: CA309/18
22 Nov 2018
Application for leave to appeal against sentence filed.
Appeal Determined (QCA)
[2019] QCA 198
27 Sep 2019
Application 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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