R v. K [1993] QCA 352 (23 September 1993)

We have had the advantage of reading the reasons of Ambrose J. and the facts and circumstances giving rise to the charges are there set out and we need not repeat them here.

On appeal it was submitted that the court should look to sentences imposed for incest as a guide as to what should be the appropriate sentence in the present case. In R. v. G C.A. No. 168 of 1992, the applicant was convicted of maintaining an unlawful relationship of a sexual nature with a girl under the age of 16 years, pursuant to s.229B of the Criminal Code. The court held in the circumstances of that case that it was proper to look to sentences imposed for incest as affording a guide to the appropriate sentence under consideration. The applicant was the natural father of the complainant. She had been sent to her father after sexual interference by her mother's de facto companion. The applicant engaged in three acts of sexual intercourse and one attempt over a four month period when the complainant was 15 years. McPherson J.A. considered that although the offence or its description might be described as "novel", (it was introduced into the Criminal Code in 1989) in the circumstances of the case it was proper to look to sentences imposed for incest as affording a guide to the appropriate sentence. A charge of incest pursuant to s.222 of the Criminal Code would appear to have been open on the facts in that case. The court considered that a plea of guilty, saving the complainant the pain and embarrassment of giving evidence, required greater recognition than the sentence of seven years would appear to have done and substituted a sentence of four and one-half years.