Kyla
10-02-2004, 06:08 PM
Serial rapist's jail cut
PETER HANSEN
October 3, 2004
A NORTH Queensland teenager whose violent attacks earned him a 12-year sentence for multiple rape has had his jail time cut by almost half.
The 19-year-old will now be eligible for release after five years instead of the 9½ years he would have served.
In the Queensland Court of Appeal, Justice Glen Williams said the treatment of six girls "exceeded any allowance that could be made for youthful enthusiasm for the opposite sex or for an immature, unsophisticated way with women".
Nevertheless, elements of immaturity in both the teenager and the young women had contributed to what happened. "It does not absolve him from criminal responsibility but it is a consideration which is relevant," Justice Williams said.
The young man, who cannot be identified because of his age at the time of the offences, was convicted in March after pleading not guilty to three counts of rape, one of assault with intent to rape and two of unlawful carnal knowledge.
The girls were aged 14-18.
At the trial in the Innisfail District Court, the jury was told he was 16 at the time of his first offence in 2000.
Five of the victims were Innisfail girls he went to school with or met at parties where teenagers drank alcohol, smoked marijuana and played strip games such as "truth and dare".
He would try to seduce them, sharing drinks and flirtatious conversations, often at his family's isolated farmhouse.
At times he received physical affection in return.
When his advances were rejected, he turned ugly.
His worst offence occurred in Innisfail in November 2001, when he was 17.
He forced a 15-year-old schoolgirl to submit after threatening her with a baseball bat. He also videotaped her naked.
Trial judge Peter White jailed him for nine years and declared him a serious and violent offender, meaning he would have had to serve at least 80 per cent of his sentence.
The judge sentenced him to another three years jail for his attack on an 18-old-girl at Burbank, on Brisbane's southern outskirts, while he was on bail. He met the victim at a pub.
The jury heard he had attempted this rape while his mother was present.
In upholding the appeal against the sentence, the Appeal Court found the 12-year sentence with a minimum of 9½ years to serve might be crushingly oppressive to someone so young. He had no previous criminal history.
The nine years was reduced to seven years and the serious and violent offence declaration was revoked.
Justice Stanley Jones, dissenting in part, said there were features of premeditated and predatory behaviour. The escalation of force was particularly concerning.
The sentencing judge had remarked on the teenager's lack of remorse and his callous disrespect for the rights of young women.
Justice Jones said he should remain in jail for at least six years.
The Sunday Mail (Qld)
PETER HANSEN
October 3, 2004
A NORTH Queensland teenager whose violent attacks earned him a 12-year sentence for multiple rape has had his jail time cut by almost half.
The 19-year-old will now be eligible for release after five years instead of the 9½ years he would have served.
In the Queensland Court of Appeal, Justice Glen Williams said the treatment of six girls "exceeded any allowance that could be made for youthful enthusiasm for the opposite sex or for an immature, unsophisticated way with women".
Nevertheless, elements of immaturity in both the teenager and the young women had contributed to what happened. "It does not absolve him from criminal responsibility but it is a consideration which is relevant," Justice Williams said.
The young man, who cannot be identified because of his age at the time of the offences, was convicted in March after pleading not guilty to three counts of rape, one of assault with intent to rape and two of unlawful carnal knowledge.
The girls were aged 14-18.
At the trial in the Innisfail District Court, the jury was told he was 16 at the time of his first offence in 2000.
Five of the victims were Innisfail girls he went to school with or met at parties where teenagers drank alcohol, smoked marijuana and played strip games such as "truth and dare".
He would try to seduce them, sharing drinks and flirtatious conversations, often at his family's isolated farmhouse.
At times he received physical affection in return.
When his advances were rejected, he turned ugly.
His worst offence occurred in Innisfail in November 2001, when he was 17.
He forced a 15-year-old schoolgirl to submit after threatening her with a baseball bat. He also videotaped her naked.
Trial judge Peter White jailed him for nine years and declared him a serious and violent offender, meaning he would have had to serve at least 80 per cent of his sentence.
The judge sentenced him to another three years jail for his attack on an 18-old-girl at Burbank, on Brisbane's southern outskirts, while he was on bail. He met the victim at a pub.
The jury heard he had attempted this rape while his mother was present.
In upholding the appeal against the sentence, the Appeal Court found the 12-year sentence with a minimum of 9½ years to serve might be crushingly oppressive to someone so young. He had no previous criminal history.
The nine years was reduced to seven years and the serious and violent offence declaration was revoked.
Justice Stanley Jones, dissenting in part, said there were features of premeditated and predatory behaviour. The escalation of force was particularly concerning.
The sentencing judge had remarked on the teenager's lack of remorse and his callous disrespect for the rights of young women.
Justice Jones said he should remain in jail for at least six years.
The Sunday Mail (Qld)