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Date of sentence; head sentence of 10y (with automatic SVO declaration) for maintaining, two counts of rape and three of indecent dealing; 42-44yo babysitter regularly raped 9-10yo over 13m and then indecently touched her 9yo friend; timely pleas, no criminal history; prosecutor contended for 6-8y term with parole after one third; defence advanced 7-8y term; in submissions, comparables of 10y discussed and sentencing judge queried adequacy of range identified by parties (Clare SC DCJ).
Appeal Determined (QCA)
[2022] QCA 93
27 May 2022
Leave to appeal sentence granted, appeal allowed, sentence varied to 9y with no order as to parole (per curiam); per Fraser and Mullins JJA (Boddice J not deciding), that the sentence was manifestly excessive; per Boddice J (Fraser and Mullins JJA contra), that the sentencing discretion miscarried because the sentencing judge failed to afford the offender procedural fairness in respect of the imposition of a sentence attracting an automatic SVO declaration.
Appeal Status
Appeal Determined (QCA)
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