In the Supreme Court of Queensland case R v CDF [2024] QCA 207, the applicant sought leave to appeal against sentences imposed by the District Court for maintaining an unlawful sexual relationship with a child under 16 and raping his daughter, both as domestic violence offenses. Initially sentenced to 10 and 7 years respectively, with a serious violent offence declaration on the first count, the applicant argued that the sentencing judge erred by assuming he did not use a condom during the offenses, and claimed the sentences were excessive. Despite acknowledging the factual error, the Court of Appeal found no reason to alter the sentences, as they were either appropriate or could have been higher. The appeal for leave was dismissed, with emphasis on the severity and persistence of the offenses, lack of remorse, and the need for community protection.
Full text: https://www.sclqld.org.au/caselaw/150255