KC v The Queen

[2021] ACTCA 10

ACT Court of Appeal21 April 2021

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Leave to appeal out of time
4. › Consideration of prospects of success in proposed appeal
5. › Whether proposed appeal completely lacking in merit
1. Criminal Law
2. › Appeal against conviction
3. › Historical child sexual abuse
4. › Whether convictions unsafe and unsound
5. › Whether evidence capable of supporting convictions
1. Criminal Law
2. › Sentencing
3. › Historical offences
4. › Sentencing practice applicable to historical child sexual abuse
5. › Whether sentence manifestly excessive
6. › Crimes (Sentencing) Act 2005 (ACT), s 34A

Quick Take

Section 34A of the Crimes (Sentencing) Act 2005 (ACT) requires sentencing for historical offences according to sentencing practice at the time of sentencing, not at the time the offences were committed. Where a proposed appeal is completely lacking in merit, the court need not further investigate the adequacy of the explanation for delay.

Case Details

Citation[2021] ACTCA 10

CourtACTCA

JurisdictionAustralian Capital Territory

Decision Date21 April 2021

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Relies on5

2020R v KcACTSC 94
2019R v EnACTSC 354
2016Tully v The QueenACTCA 11
2014R v ScheerenACTSC 272
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