R v Gehrman [2002] QCA 261

Court of Appeal (Qld)|2002-07-25|Before: Davies JA, White J, Wilson J

The applicant has a previous criminal record as well as, importantly, a previous conviction in 1995 for driving under the influence of alcohol. He has, in addition, convictions for breaking, entering and stealing in 1982, possession of a concealable firearm in 1983, wilful interference with a Telecom installation in 1984 and going armed so as to cause fear in January 2001. He also has some convictions of traffic offences of speeding in 1995, 1998 and 2001.

The learned sentencing judge referred to the decision of

this Court in R v. Coake [1999] QCA 12, CA No 403 of 1998,

5 February 1999, the facts of which are, in my view, quite similar to this case, although it may be accepted that the circumstances in that case were a little more serious than those here. This Court held that a sentence of two years imprisonment in that case was within range. In those circumstances it seems to me the applicant, even if we were to accept his explanation for delay, has no reasonable prospects of success on an application for leave to appeal against sentence and I would consequently refuse his application.

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