Masked rapist’s appeal rejected
A MASKED and gloved man who broke into the home of a 63-year-old woman and raped her has appealed his sentence on the basis that it was "manifestly excessive".
The Pioneer Valley man, who was sentenced to eight years in jail last year, has had his appeal rejected in the Supreme Court in Brisbane.
The rapist was 21 on June 9, 2014, when he broke into the woman's home at 7.50am, not long after her husband had left for work.
He'd bound her wrists behind her back with duct tape and committed penile and digital rape.
In the sentence delivered in the District Court in Mackay in August last year, the woman's victim impact statement showed she'd suffered physical and serious psychological injuries. The man's eight-year sentence came with a serious violent offence declaration, which meant he was required to serve 80% in actual custody.
In the Supreme Court in Brisbane last month, the man's barrister Gregory Lynham argued that the serious violent offence declaration was an error, arguing that there had been no gratuitous violence, no weapon, no threat to kill and no grievous bodily harm.
He said the man's youth, minor criminal history and early guilty plea meant a parole eligibility date should have been set earlier than the half-way point.
Justices Philip Morrison, Anthe Philippides and James Henry delivered their decision to reject the appeal last week.
In the decision, Justice Henry said that the level of premeditation was a "concerning factor" - including that the man had apparently shaved his pubic hair, concealed his car, timed his entry to when the husband was out and equipped himself with a mask, gloves, duct tape and lubricant.
Mr Lynham had also argued that the eight-year jail term was excessive.
Justice Henry referred to like cases in their discussion, and concluded that they provided "no support" for the argument that the range was too high.
"To the contrary, they suggest a sound exercise of the sentencing discretion was undertaken in this case," read the decision.