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Pre-trial application to exclude similar fact evidence of previous convictions for like offending sought to be led by the Crown refused: Dearden DCJ.
Primary Judgment
DC476/20 (No citation)
30 Apr 2021
Date of conviction after trial (Dann DCJ and jury) of aggravated burglary and sexual assault; identity in issue; circumstantial case; complainant identified accused on photoboard; accused volunteered to police that someone ‘keeps breaking into houses’; similar fact evidence of previous convictions for like offending; accused testified offering innocent explanations for opportunity evidence and fleeing police; no physical evidence implicating accused; some weaknesses in identification evidence.
Primary Judgment
DC476/20 (No citation)
30 Apr 2021
Date of sentence; sentenced to concurrent terms of 8y for aggravated burglary and 6y (with SVO declaration) for sexual assault, cumulative upon extant 7y term for similar offending; after 6w on parole, offender entered complainant’s home in early morning and touched her vagina while she slept; 35yo, appalling criminal history (including similar offending), 880d (undeclared) on remand while serving out 7y term (all but 6w of which was served in custody) (Dann DCJ).
Appeal Determined (QCA)
[2022] QCA 83
20 May 2022
Appeal against convictions dismissed; constellation of circumstantial factors such that plainly open to convict. Leave to appeal sentence granted, appeal allowed; sentence manifestly excessive (and specific errors identified); starting point too high; in resentencing, just punishment, deterrence, denunciation and community protection relevant; 8y starting point mitigated to 7y for time spent in custody (no SVO declaration, 880d not declared): Bowskill CJ (Sofronoff P and Martin SJA agreeing).
Appeal Status
Appeal Determined (QCA)
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