R v Stephens & Attorney-General of Queensland

(1994) 76 A Crim R 5; [1994] QCA 507

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Rape
4. › Offences within de facto relationship
5. › Whether existence of de facto relationship is a mitigating factor
6. › Whether sentencing judge took into account irrelevant consideration
1. Criminal Law
2. › Sentencing
3. › Rape
4. › Intoxication of offender
5. › Whether voluntary consumption of alcohol is a mitigating factor
1. Criminal Law
2. › Sentencing
3. › Attorney-General's appeal against sentence
4. › Whether sentence manifestly inadequate
5. › Whether outside range of sound sentencing discretion
6. › Criminal Code (Qld)

Quick Take

The existence of a de facto or marital relationship between offender and complainant is not, as a general proposition, a mitigating factor in sentencing for rape. Such a relationship may only be relevant where it bears on the offender's state of mind, such as where there is scope for a genuine but unreasonable belief in consent. Voluntary consumption of alcohol is not a mitigating factor that should reduce a sentence for rape.

Case Details

Citation[1994] QCA 507

Reported(1994) 76 A Crim R 5

CourtQCA

JurisdictionQueensland

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Cited by11

2024McFARLANE v The State of Western AustraliaWASCA 33
2021Kiss v RNSWCCA 158
2018R v McConnellQCA 107
2018R v BouttellQCA 52
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