A Queensland man who raped and impregnated his daughter has had his appeal against part of his sentence rejected.
A north Queensland man who raped and impregnated his daughter has lost his bid to reduce part of his sentence.
The man tried to argue his 10-year prison sentence for having a sexual relationship with his daughter was excessive because it failed to consider his deprived upbringing and rehabilitation prospects.
However, his appeal was rejected on the basis it failed to show the judge had erred when delivering the sentence, which was in range.
The man, who cannot be named, had pleaded guilty to two counts of rape and one count of maintaining a relationship with a child under 16 years.
The girl was first raped by her father in 2002 when she was 12 years old.
The father would sneak into her room at night while her mother and brothers were asleep and threatened to bash her if she told anyone.
The abuse continued until the end of 2005, when the girl’s parents separated.
But the girl had already fallen pregnant to her father and gave birth to a boy in July 2006.
The girl’s father was arrested and charged in January 2011.
It emerged in court that the father was a victim of sexual abuse when he was a boy, and had struggled with alcohol abuse for most of his life.
He grew up with 15 siblings in central Queensland and was six or seven when his family was rendered homeless after their house was destroyed by a cyclone.
In a written judgment dismissing his appeal, Justice Philip Morrison said the sentencing judge had taken the man’s personal circumstances, including his aboriginality and dysfunctional upbringing, into account.
The man’s conversion to Christianity, acceptance of responsibility and rehabilitation prospects were also considered, Justice Morrison said.