Published Thursday, 06 December, 2007 at 07:06 PM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
Shine Makes Decisions on Appeal Advice
Attorney-General and Minister for Justice Kerry Shine has made decisions after receiving appeal advice from the Director of Public Prosecutions on sentences handed down in two recent trials.
Mr Shine said he will appeal the sentence of a 68-year-old man who pleaded guilty to the rape and indecent treatment of one granddaughter and the indecent treatment of another granddaughter.
The man also pleaded guilty to producing and distributing photos of his abuse as well as possessing other child exploitation material and was sentenced to 6 ½ years imprisonment with eligibility for parole after 2 ½ years.
“After carefully considering the advice of the Director of Public Prosecutions and the fact this man pleaded guilty to raping one granddaughter when she was between seven and 12 months of age, I am appealing this sentence on the basis that it is manifestly inadequate,” Mr Shine said.
“The prosecution sought 12 years imprisonment in this case and I will be pushing for a longer sentence.”
“Given the position of trust this man was in I believe there are grounds for an appeal.”
Mr Shine said he will not appeal the sentences handed to a 17-year-old youth and three juveniles who pleaded guilty to common assault and assault occasioning bodily harm relating to an attack on a 15-year-old boy at Mitchelton.
“I am aware of the public reaction to the sentences handed to these young people for the attack which the Judge described as ‘cowardice in the extreme’,” Mr Shine said.
“However, after considering the strong advice of the Director of Public Prosecutions that an appeal would be unarguable, I have decided there are no reasonable prospects of increasing these sentences.
“It must be noted that had these two 12-year-old girls, a 15-year-old boy and the 17-year-old youth not made admissions to police it’s likely no case would have been brought against them.
“The advice of the DPP was that there was little chance of success on appeal due the offenders young age and their early guilty pleas.”
Media Contact: Troy Davies 3239 6400, 0488 799 273
Mr Shine said he will appeal the sentence of a 68-year-old man who pleaded guilty to the rape and indecent treatment of one granddaughter and the indecent treatment of another granddaughter.
The man also pleaded guilty to producing and distributing photos of his abuse as well as possessing other child exploitation material and was sentenced to 6 ½ years imprisonment with eligibility for parole after 2 ½ years.
“After carefully considering the advice of the Director of Public Prosecutions and the fact this man pleaded guilty to raping one granddaughter when she was between seven and 12 months of age, I am appealing this sentence on the basis that it is manifestly inadequate,” Mr Shine said.
“The prosecution sought 12 years imprisonment in this case and I will be pushing for a longer sentence.”
“Given the position of trust this man was in I believe there are grounds for an appeal.”
Mr Shine said he will not appeal the sentences handed to a 17-year-old youth and three juveniles who pleaded guilty to common assault and assault occasioning bodily harm relating to an attack on a 15-year-old boy at Mitchelton.
“I am aware of the public reaction to the sentences handed to these young people for the attack which the Judge described as ‘cowardice in the extreme’,” Mr Shine said.
“However, after considering the strong advice of the Director of Public Prosecutions that an appeal would be unarguable, I have decided there are no reasonable prospects of increasing these sentences.
“It must be noted that had these two 12-year-old girls, a 15-year-old boy and the 17-year-old youth not made admissions to police it’s likely no case would have been brought against them.
“The advice of the DPP was that there was little chance of success on appeal due the offenders young age and their early guilty pleas.”
Media Contact: Troy Davies 3239 6400, 0488 799 273