Failed appeal bid for rape of woman, 63

The Queensland Court of Appeal has rejected an appeal bid by a man who bound and raped a 63-year-old woman after breaking into her home.

Queensland's Court of Appeal won't review the sentence of a masked man who broke into the home of a 63-year-old woman, bound her wrists behind her back and raped her.

The man, who was 21 when he committed the offence, was seeking to appeal an eight-year prison term with a serious violent offence declaration imposed in August 2015, complaining that it was manifestly excessive.

The declaration means he must serve 80 per cent - or just under six-and-a-half years - of his imposed term.

But the Court of Appeal rejected his application on Friday, with Justice James Henry noting the offender executed (his) purpose with unwavering determination and force.

The victim's ordeal unfolded one morning after her husband left to begin his farm work, as she was sitting in the lounge still in her night dress.

Justice Henry's judgment details how she heard the back door open and turned to see what appeared to be a young man wearing a black hoodie, black gloves and a cotton mask with eye holes cut in it.

The masked man then grabbed her by her arm, dragged her off the chair and down the hallway, as she thrashed and tried to strike him with a ceramic ornament.

After forcing her to the floor, he pulled her arms behind her and bound her wrists together with duct tape, before raping her.

The man later pleaded guilty to one count of burglary and three counts of rape.

In rejecting his application for leave to appeal his sentence, Justice Henry said his wearing of a mask would've had a "doubtless terrifying affect" on the woman.

Elements of the offending - such as his shaving his pubic hair and equipping himself with a mask, gloves, duct tape and lubricant - indicated obviously premeditated behaviour, he added.

This was not a case of a thief making a spontaneous decision to rape a woman unexpectedly encountered after entering a house intending to steal property from it, he said.

He noted the offender was smoking methylamphetamine regularly when he committed the crime.

His parents' more than 20-year-long marriage had also broken down two weeks prior.


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Source: AAP


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