R v Burdon ; ex parte A-G (Qld)

(2005) 153 A Crim R 104; [2005] QCA 147

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Appeal by Attorney-General to increase sentence
5. › Whether sentence manifestly inadequate
6. › Internet child procurement offences
7. › Whether wholly suspended sentence inadequate where no actual child victim
8. › Criminal Code 1899 (Qld), s 218A
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Public opprobrium and shaming
5. › Weight to be given to public opprobrium in sentencing
6. › Division of opinion in Ryan v The Queen
1. Criminal Law
2. › Sentencing
3. › Internet offences against children
4. › General deterrence
5. › Relevance of absence of real child victim to severity of sentence
6. › Criminal Code 1899 (Qld), s 218A

Quick Take

For offences under s 218A of the Criminal Code 1899 (Qld), a wholly suspended sentence without actual imprisonment is at the lower end of the sentencing range and will only be appropriate where there are strong combined mitigating factors including early guilty plea, no prior convictions, rehabilitation efforts, and low reoffending risk. The Court signalled that actual imprisonment will generally be expected for such offences even where no real child was involved.