A CALOUNDRA family of an eight-year-old boy who was violently raped by his older brother's best friend faces an anxious wait to see if the state's highest court deems his nine month jail sentence to be in line with community expectations.
Kingsthorpe man Christopher John McCoy, 21, pleaded guilty in Maroochydore District Court to recording himself committing revolting sex acts on his best mate's younger brother at his home in Little Mountain in January last year.
The details of the eight offences were not disclosed in court, but did include one charge of actual penile penetration.
The offences only came to light after McCoy's younger brother found a sex video and photos of the young boy on his mobile phone and reported them to their mother, who then informed police.
McCoy was sentenced to three years in jail which was to be suspended after serving nine months
Queensland Attorney-General Jarrod Bleijie appealed the sentence handed down earlier this year on the grounds it was manifestly inadequate given the sordid nature of the offences.
Crown Prosecutor Anthony Moynihan told the Queensland Court of Appeal on Wednesday the sentencing judge had not placed enough weight on significant features of the case when handing down his penalty.
"McCoy had a relevant criminal history which included offences of extreme violence," he said.
"He committed these sickening acts against the young boy while on an intensive corrections order.
"Importantly in this case, which sets it aside from other comparable cases, McCoy recorded the sexual offending.
"One can only assume he did so for his own self-gratification."
"This was a serious aggregating feature of the case, but there was no mention of it, or any weight placed on it, in sentencing."
McCoy's barrister John Allen argued the Crown had not submitted any comparable cases which would suggest the sentence was manifestly inadequate.
"To increase the sentence based on the Crown's submission would be in itself unjust," he said.
"The Crown cannot point to any Court of Appeal cases that show a higher head sentence of three years was not in the range available to the sentencing judge.
"Also it has not identified any error on behalf of the sentencing judge."
Justices Margaret McMurdo and Roslyn Atkinson both noted the comparable cases were "more serious" to which the offenders only received "slightly larger sentences."
The Court of Appeal reserved its decision.