In R v CDC [2024] QCA 108, the appellant, CDC, challenged both his conviction and sentence related to multiple charges of sexual misconduct against his grandchildren. CDC was convicted of one count of indecent treatment of a child under 16, who is a lineal descendant, but was acquitted of the other nine counts. The Court of Appeal, comprising Morrison and Boddice JJA, and Crowley J, dismissed the appeal against conviction and refused the application for leave to appeal against the sentence.
CDC was accused of various sexual offenses, with the jury finding him guilty of count 8, which involved masturbating in front of his granddaughter X, while acquitting him of other charges. The appellant argued that the guilty verdict was inconsistent with the acquittal on similar charges (count 9) involving another grandchild (Z), and that the verdict was unreasonable. The court held that the verdicts were reconcilable due to the differences in the credibility and specifics of the testimonies given by X and Z, and CDC’s own admissions during the police interview which supported X’s account.
The appellant’s sentence was eight months' imprisonment, suspended after three months, with the judge determining there were no "exceptional circumstances" under s 9(4) of the Penalties and Sentences Act 1992 (Qld) that would warrant a lighter sentence. Multiple aggravating factors, such as a breach of trust, the biological relationship, and the vulnerable state of the victims, contributed to this decision. The appellate court concurred with the sentencing judge’s findings and upheld the sentence.