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[1997] QCA 115
Court of Appeal (Qld)
1997-05-13
Macrossan CJ, Derrington J, Byrne J, Mr P
Original judgment source is linked above.
The application for leave to appeal against the sentence should be refused.
R
G [1997] QCA 115
However, the child was not injured. Nor was there evidence indicating that his mental health had been adversely affected, which presumably explains why the appellant was not charged with assault occasioning bodily harm. It must also be accepted that the offence occurred only once. Although the evidence revealed that the appellant had punished the boy with the device on occasions other than that at the Nespoli residence, he was not convicted of another offence. He therefore fell to be sentenced only for that November 1994 assault: R. v. D [1995] QCA 329; [1996] 1 Qd R 363, 403-404.