Teen who raped 11-year-old boy has appeal rejected
A SUNSHINE Coast teenager who was jailed for raping and indecently treating his friend's younger brother has had his appeal against his sentenced rejected.
The teenager, who cannot be named, pleaded guilty in the Maroochydore Children's Court in September last year and was sentenced in January to two and a half years behind bars.
The court heard the teen was 16 and the young boy 11 when the offences occurred sometime between July 31 and October 1, 2012.
The offences included two rape and four indecent treatment offences.
In the case of each offence, the sentencing judge found there were special circumstances in the teen's case and ordered he be released after serving 50% of his sentence.
The teen appealed his sentence in the Queensland Court of Appeal, claiming his jail sentence was manifestly excessive.
He further claimed the sentencing judge should have had regard to the principle under the Youth Justice Act that a detention order should be imposed only as a last resort and for the shortest appropriate period.
In October the court heard the teen's argument that the sentencing judge's conclusion that the shortest appropriate period of detention was two and a half years was unreasonable or plainly unjust.
There were no submissions made at the hearing that the judge had made any specific error in his sentence or acted outside his discretionary range of powers.
The Queensland Court of Appeal, in handing down its decision this week found the initial sentence imposed was warranted in this case and the judge was within his rights to impose a custodial sentence.
The court also dismissed the teen's application to have new evidence presented after legislative changes were introduced after he was sentenced that he claimed would have changed the circumstances of his detention.
The court ruled that evidence had no bearing on what sentence should have been imposed.
- APN NEWSDESK.