Court of Appeal

R v Heckendorf [2017] QCA 059 (16/319) Fraser and McMurdo JJA and Mullins J 11 April 2017

Full-text: QCA17-059.pdf


CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to an offence of rape and one of assault with intent to commit rape – where the applicant had viciously raped the complainant after meeting her and drinking with her throughout the course of the afternoon – where the complainant had not demonstrated any “romantic interest” in the applicant – where the rape included violent assaults and choking of the complainant and resulted in the complainant fracturing a rib – where the complainant contracted Hepatitis C as a result of the rape – where the actual act of penetration was described as “relatively quick” but the attack was “particularly vicious” – where the applicant initially denied the rape had occurred but ultimately pleaded guilty – where the applicant was aged 22 years at the time of the offence – where the applicant was sentenced to 10 years’ imprisonment with the automatic result that the offence was declared a serious violent offence – whether and to what extent a sentencing judge can consider a pattern of sentencing outcomes consistently with Barbaro v The Queen (2014) 253 CLR 58 – whether the sentence was manifestly excessive