Digital rape sentence upheld by Court of Appeal
AN Ipswich man who digitally raped a seven-year-old girl while she was "keeping him warm" has been refused a shorter sentence.
Douglas Phillip Allan Lee, 35 at the time of the rape, was sentenced after a trial in Ipswich District Court in June this year to 3.5 years jail with parole eligibility after serving half.
The man, who had just met the girl, admitted tickling her on a mattress in her room on May 8, 2011, but denied touching her genital area.
The girl exited the room limping and crying.
Lee argued in the Court of Appeal that his sentence was manifestly excessive, noting he had no previous sexual offending.
But Justice Margaret White found, with support from two other Court of Appeal justices, that the sentence was not manifestly excessive when compared to other cases and noting his "lengthy" criminal history could be taken into account.
"The nature of the injury to the (girl) observed by the paediatrician and the distress it caused her suggested this was no 'mere' digital penetration but a severe assault," she said in a judgment delivered on Friday.
The appeal was dismissed.