Man convicted of incest loses appeal for reduced sentence

A MAN who was convicted of incest after he maintained a four-year relationship with his step-daughter has had his appeal for a reduced sentence rejected.

The man, who cannot be identified, was sentenced to four-and-a-half years jail for the crimes which occurred in Gladstone, East Evelyn and Mossman.

During his trial the court heard that between September 2007 and December 2011 the man regularly and frequently approached his step-daughter while she was in bed, digitally penetrated her vagina and tried to have sexual intercourse with her, where he succeed on several occasions.

The court heard this occurred most mornings, but not at weekends, and happened when her mother was at work.

The man lodged an appeal in the Queensland Court of Appeal claiming his conviction was unreasonable.

However, the Court of Appeal did not accept the man's submission that the jury's acquittal on the counts of maintaining and rape signalled the jury's view that the complainant was an "unreliable witness generally".

The Chief Justice concluded the jury were entitled, acting reasonably, to accept the honesty of the complainant's account.


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