Murray Torcetti Lawyers are criminal lawyers in Caboolture. We write our own case notes from recent criminal decisions for internal purposes.
However, unlike your annoying sibling, we don’t mind sharing.
R v Ruiz; Ex parte Attorney-General (Qld) [2020] QCA 72
Facts: The defendant (respondent for the appeal) was sentenced to 3 years imprisonment suspended after serving 12 months for an operational period of 3 years for one count of rape and 18 months imprisonment for two counts of indecent treatment of a child. The DPP appealed on the basis the sentence was manifestly inadequate. Submissions were made that upon release from prison the respondent should either be on a period of probation or parole to be supervised within the community.
The respondent had no criminal history, exceptional employment prospects and strong family support. Full admissions were made to the police on the rape count and indecent treatment charge, additional disclosures resulted in the second charge of indecent treatment.
The respondent argued even though the period imprisonment was suspended after serving 12 months for an operational period of three years, due to the mandatory reporting requirements the respondent would remain supervised in the community.
The appeal court reviewed comparable cases, noted the respondent had demonstrated genuine remorse and facilitated justice through cooperation with the police (and disclosed additional offences).
Finding: Appeal dismissed, sentence reflected mitigating factors and seriousness of offending.
Notes for practice:
- Use of remorse to mitigate penalty.
- Additional charges disclosed to police through admissions.
Because lawyers love a good disclaimer – here is ours – It boils down to: If you need legal advice see a lawyer. Dr Google isn’t going to prescribe you meds if you are sick, Google LLB isn’t going to give you advice or information specific to your situation.
If you need legal assistance. See a lawyer.
You might not read it, but we will rely on it if you try and sue us (smug face).
