Court of Appeal (Qld)|2002-05-17|Before: de Jersey CJ, Williams JA and Atkinson JSeparate, reasons for judgment of each member of the Court, Williams JA and Atkinson J, concurring as to the orders made, de Jersey, CJ dissenting in part.
de Jersey CJ, Williams JA and Atkinson JSeparate, reasons for judgment of each member of the Court, Williams JA and Atkinson J, concurring as to the orders made
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
– APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE
– APPEAL BY
CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE– APPEAL BYCONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED- where applicants pleaded guiltyto two offences of manslaughter and an assaultoccasioning bodily harm – where the female offender was sentenced as achildand the male offender as an adult – where the learned trial judgesentenced the male offender to life imprisonment and thefemale offender totwelve years imprisonment and declared that both had been convicted of seriousviolent offences - whether thesentences were manifestly excessiveCRIMINAL LAW – JURISDICTON, PRACTICE AND PROCEDURE –JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKENINTOACCOUNT – MISCELLANEOUS MATTERS – PLEA OF GUILTY, CONTRITION ANDCO-OPERATION – GENERALLY – where applicantsinitially pleaded
not-guilty at one trial – where a re-trial was ordered and at the
commencement, the applicants pleaded guilty
- whether the learned trial judge
had given any benefit for the plea of guilty – whether guilty plea was
able to be used as
a matter of mitigationCRIMINAL LAW –
JURISDICTON, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT –
SENTENCE – JUVENILE OFFENDERS
– SENTENCING AS A CHILD OR ADULT AND
IMPRISONMENT –whether the female offender’s youth and her lack of
previous
criminal history, plea of guilty were taken into account by the trial
judge – whether the learned trial judge ordered the shortest
appropriate
period for the detention order as required by the Juvenile Justice
Act
Juvenile Justice Act 1992 (Qld), s 105(2), s 107B, s
121(3)(b)(ii)Penalties and Sentences Act 1992 (Qld) , s 13(1)
Atholwood (1999) 109 A Crim R 465, applied
Cameron v The Queen (2002) 76 ALJR 382, applied
McQuire & Porter [2000] QCA 40
(2000) 110 A Crim R 348, appliedR v
Babsek
ex parte Attorney-General [1999] QCA 364, referred toR v Bird
and Schipper [2000] QCA 94, applied.R v Bulger [1990] 2 Qd
R 559, referred toR v Cowburn CA No 135 of 1993, referred
toR v Crocker CA 118 of 1999, appliedR v Duong and Others
[2002] QCA 151, appliedR v Galley [1997] QCA 479, appliedR
v Griffin and Dunkerton [1999] QCA 71, appliedR v Harman [1989] 1
Qd R 414, referred toR v McCarthy CA No 95 of 1988, referred
toR v Moors CA No 188 of 1992, referred toR v
Morton [1986] VicRp 82
[1986] VR 863 at 867, appliedR v Peacock CA No 67 of 1986,
referred toR v Picker [1970] 2 QB 161, referred toR v Sheedy
[1999] QCA 446
(1999) 108 A Crim R 453, referred toR v Stafford CA No 503
of 1995, referred toR v Taylor & Napatali
ex-parte
Attorney-General (CA 157 & 158 of 1999), appliedR v Thomson
R v Houlton [2000] NSW CCA 307R v Walker (1992) 13 Cr App R(S)
474, appliedR v Whiting
ex parte Attorney-General [1994] QCA 425
[1995] 2 Qd R 199,
referred toSiganto v The Queen [1998] HCA 74
[1998] 194 CLR 656, referred
toVeen No 1 (1979) 143 CLR 465, appliedVeen No 2 [1988] HCA 14
(1988)
164 CLR 465, applied
Judgment (27 paragraphs)
[1]
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN GRANTED - where applicants pleaded guilty to two offences of manslaughter and an assault occasioning bodily harm - where the female offender was sentenced as a child and the male offender as an adult - where the learned trial judge sentenced the male offender to life imprisonment and the female offender to twelve years imprisonment and declared that both had been convicted of serious violent offences - whether the sentences were manifestly excessive
[2]
CRIMINAL LAW - JURISDICTON, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT - MISCELLANEOUS MATTERS - PLEA OF GUILTY, CONTRITION AND CO-OPERATION - GENERALLY - where applicants initially pleaded not-guilty at one trial - where a re-trial was ordered and at the commencement, the applicants pleaded guilty - whether the learned trial judge had given any benefit for the plea of guilty - whether guilty plea was able to be used as a matter of mitigation
[3]
CRIMINAL LAW - JURISDICTON, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - JUVENILE OFFENDERS - SENTENCING AS A CHILD OR ADULT AND IMPRISONMENT -whether the female offender's youth and her lack of previous criminal history, plea of guilty were taken into account by the trial judge - whether the learned trial judge ordered the shortest appropriate period for the detention order as required by the Juvenile Justice Act
[4]
Juvenile Justice Act 1992 (Qld), s 105(2), s 107B, s 121(3)(b)(ii)