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[1997] QCA 472
Court of Appeal (Qld)
1997-11-25
Davies J, MacRossan CJ, Dowsett J
Original judgment source is linked above.
The application for leave to appeal against sentence is, of course, substantially against the sentence of seven years imprisonment imposed in respect of the second defence.
No complaint could properly be made in respect of the sentence of three years imposed on the first offence.
There were a number of serious aspects of the second offence. In the first place it was committed whilst the appellant was already on bail in respect of an offence of rape against the same complainant and although this appears to be of lesser importance because of the circumstances in which contact was permitted between the parties by the complainant, there was a domestic violence order against him.
As to the actual circumstances of the rape it appears, from what I have already said, that it was a rape committed under a threat of what could have been quite serious injury with a screwdriver. That is actually a threat of stabbing the complainant with a screwdriver. It was a rape committed in the home in circumstances in which children were present. In addition to that, the appellant has, at no stage, shown any remorse for his actions. In fact it appears from his apparent defence below and his persistence with this appeal that he continues to assert that the intercourse on each of these occasions took place with consent. The sentence which was imposed of seven years may, in fact, seem a little high but, in my view, it was not such as could satisfy me that it was manifestly excessive. I would therefore refuse the application for leave to appeal against sentence.
THE CHIEF JUSTICE: The orders of the Court are then as Mr Justice Davies has indicated. You understand what we have done? Your appeal against conviction is dismissed and the application to appeal against sentence has been refused.
R
Edwards [1997] QCA 472