Failed appeal for dad who sexually assaulted daughters

A MAN who sexually assaulted his own daughters, before moving on to his step-daughters years later, will keep his lengthy jail term after a failed appeal.

The man, who cannot be named for legal reasons, was convicted in 2012 for a string of sex offences committed against his young daughters in Townsville up to 20 years earlier.

The offences were not reported to police in Maroochydore, where it is believed the victims then lived, until 2004.

The youngest victim was aged five and the other was between seven and 11 years old when they were abused.

In a judgement, Court of Appeal Justice Glenn Martin stated the eldest daughter was subjected to her father's "frequent instances of inappropriate sexual conduct for his own selfish gratification".

"While his conduct did not extend to penile penetration, it did extend to other types of degrading acts that occurred over the objections and obvious distress of his daughter at the time," he wrote.

The man maintained a sexual relationship with his youngest daughter over two months.

"These acts were achieved through physical intimidation and some use of force," Justice Martin stated.

The man was arrested in 2005 but the case was delayed because he faced similar charges in NSW.

Justice Martin said the man was convicted of indecently assaulting his 11 and 12 year old step-daughters in 2000.

The man received a two year jail term with a non-parole period of 15 months.

In 2009, he was sentenced to five years jail for sexually assaulting his 10-year-old daughter from another relationship in 2004.

The man launched action in the Queensland Court of Appeal this year, arguing his sentence should be appealed because the sentencing judge in the Queensland case did not make sufficient allowance for totality.

Justice Martin stated the sentence imposed in the man's most recent Queensland case, combined with his sentence in NSW, resulted in a 15-year jail term.

But he would have been eligible for parole in May, 2016.

Justice Martin found the sentencing judge was aware of the totality principle and stated the case was "deserving of a condign punishment".

"The applicant's behaviour with his two daughters was appalling," he wrote.

"When taken into account with the sentence which was being served in NSW this sentence is at high end of the range but not manifestly excessive."

The appeal was refused.



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