Appeal Court rejects Townsville rapist’s appeal against length of jail sentence

A cold-blooded, convicted rapist who took a depraved photo of his young female victim in a bid to hide his appalling crimes has failed to reduce the length of his prison sentence.

The man was sentenced to almost 15 years in jail after pleading guilty to two counts of rape and one charge of stalking his young victim, as well as three Commonwealth indictments committed when the victim was underage. He failed in a bid for leave to appeal against a sentence handed down in the Townsville District Court late last year. Picture: Generic

A cold-blooded convicted rapist who took a depraved photo of his young female victim in a bid to hide his appalling crimes has failed to reduce the length of his prison sentence.

In a written decision, the Court of Appeal rejected an application by the man for leave to appeal against a sentence dispensed in the Townsville District Court last year.

It says the appellant was jailed for 9.5 years each for two charges of rape, and two years for stalking, with the terms to be served concurrently.

The man was 33 at the time of the offences while his victim was just 16.

“Serious violent offence declarations” were made on both rape charges.

In addition, the man pleaded guilty to three Commonwealth indictments committed when the victim was underage.

On the charge of sexual activity with a child using a carriage service he was jailed for seven years, for using a carriage service for child-abuse material he received three years prison, and for possessing or controlling child-abuse material obtained or accessed using a carriage service also three years.

“The overall effect of the sentence is that the applicant was sentenced to 14 years, seven months, six days imprisonment, with a parole eligibility date after serving nine years, seven months and six days in custody.”

In applying to appeal, the defence argued that the sentencing judge made an error that “offends the totality principle” and that the sentence was “manifestly excessive”.

According to the agreed set of facts, the pair, who did not live in Queensland, met online playing Xbox in 2019.

The victim moved to Townsville in 2021 followed by the much older man later that same year.

On one occasion when the man picked up the girl from school, he drove his “virgin” victim to his house and violently raped her, placing “his hand over her mouth to stop her from screaming”.

“He told the complainant that she was not allowed to make any noise and to ‘accept her fate’ because it was what women were made for.”

The man took a picture of his naked victim before he orally raped her.

“In the course of the rapes, the applicant made degrading comments to the complainant,” the facts stated.

“When driving her home he threatened to kill the complainant’s family if she told anyone about what had happened.”

In addition to the threats to kill, the man vowed to publish the explicit images if she told anyone about the crimes.

In relation to the stalking offence, the applicant made 1143 abusive or threatening calls to the victim from his mobile phone or a pay phone between October 2021 and February 2022.

“The applicant also attended the complainant’s house,” it said.

“On one occasion he sought to impersonate a police officer.”

Originally published as Appeal Court rejects Townsville rapist’s appeal against length of jail sentence