Court of Appeal

R v MCK [2017] QCA 056 (16/234) Holmes CJ and Gotterson JA and Ann Lyons J 7 April 2017

Full-text: QCA17-056.pdf

Catchwords

CRIMINAL LAW APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA where the appellant was convicted on his plea of guilty to one count of maintaining an unlawful sexual relationship with a girl under 16 years, with an aggravating circumstance where the appellant now denies his guilt where the appellant maintains his guilty plea was not freely entered but was induced by wrong legal advice from his barrister and from a clerk represented to him as a lawyer where the appellant asserts counsel did not take proper instructions from him where the appellant asserts that he was unaware of the nature of the charge to which he pleaded guilty and the allegations on which it was based whether a miscarriage of justice has occurred

CRIMINAL LAW SENTENCE APPLICATION SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE where the appellant was sentenced to nine years and 11 months imprisonment with parole eligibility after three years and four months whether the sentence was manifestly excessive