In R v OAD [2024] QCA 189, the applicant OAD sought leave to appeal against his sentence following his guilty plea to nine counts of rape, categorized as domestic violence offences against the daughter of his partner. OAD argued that the sentence was unjust and did not adequately consider the three years he spent in custody on remand for related charges from which he was acquitted. The Court of Appeal, with Judges Mullins P, Bond JA, and Freeburn J presiding, refused the application for leave to appeal. They determined that the sentencing judge had properly accounted for this custody period under the Penalties and Sentences Act 1992 (Qld) and noted it was considered a mitigating factor. The eight-year imprisonment sentence with parole eligibility after four and a half years was not deemed manifestly excessive, as it balanced the gravity of OAD's offenses, his guilty plea, and his prior time served. Ultimately, the Court upheld the sentence.
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