R v Lau [2022] QCA 37

Date: 18 March 2022
Court: Supreme Court of Queensland
Judicial Officers: McMurdo JA and Boddice and Henry JJ
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: N/A
Keywords: Criminal Law and Corrective Services; Bail, Sentencing

This matter concerned an attempted appeal of a conviction on three counts of rape and one count of contravention of a domestic violence order on the grounds that the sentences are manifestly excessive in the circumstances. The Human Rights Act 2019 (Qld) was raised in the appellant’s submissions in asserting breaches arising in the conduct of the trial.

The appellant sought to appeal three counts of rape and one count of contravention of a domestic violence order and the respective sentencing. The appeal was sought on the basis of alleged miscarriages of justice which purportedly took place during the trial proceedings, and the contention that the sentences are manifestly excessive in all the circumstances: at [7]-[10].

The Human Rights Act 2019 (Qld) was raised in abstract by the appellant in assertions of breaches of human rights in the conduct of the trial, specifically from verdicts not being supported by evidence, incompetence of counsel, and wrongful admission of evidence; at [95]. The Court found these submissions without substance, and that the trial was fairly conducted, and the jury properly directed. As such, no breach of the Human Rights Act 2019 (Qld) had occurred: at [128].

Having regard to both aggravating and mitigating factors, the Court found the sentence imposed was not manifestly excessive, dismissing the applications for leave and appeal: at [130]-[138].

Visit the judgment: R v Lau [2022] QCA 37