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Sentence of 14m imprisonment suspended for 2y (28d served) for 7 counts of sodomy of child under 18; 33yo and 16yo had frequent consensual anal sex during 10m relationship; initially charged with rape before indictment presented charging sodomy, which had since been decriminalised; late but explicable pleas, risk of deportation, irrelevant record, good work history, conduct decriminalised, disparity in maturity between offender and victim; defence sought wholly suspended 9m term (Ryrie DCJ).
Appeal Determined (QCA)
[2019] QCA 294
13 Dec 2019
Leave to appeal against sentence refused; as to Code s 11(1), there was a written charge of rape, constituting an indictment charging rape, exposing offender to liability and punishment for sodomy, before that offence was repealed; as to Code s 11(2) and PSA s 180, R v PAZ [2017] QCA 263 is not plainly wrong and should be followed, AIAQ s 20(2) preserves penalty incurred when offence occurs; sentence not manifestly excessive: Morrison JA (with whom Mullins AJA and Lyons SJA agreed).
Appeal Status
Appeal Determined (QCA)
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