R v. Moore [1999] QCA 172 (14 May 1999)

Court of Appeal (Qld)|1999-05-14|Before: Pincus JA, Davies JA, Chesterman J

The applicant also submits that the learned sentencing Judge gave no apparent weight to the plea of guilty, the lack of serious prior criminal history, the applicant's age and good work record and his problem with alcohol and his attempt to overcome it.

However, there is no reason to think the Judge had no regard to these matters. It is true that the facts of the applicant's age and absence of previous convictions of any substance, are relevant, factors. However, they are not as important as they once were. Especially with respect to offences involving violence.

The principle that a sentence of imprisonment should only be imposed as a last resort and one that allows an offender to stay in the community is preferable, are no longer applicable to such offences.

Other changes which have been made in the last few particular the increase in the maximum penalty for offence to 10 years, indicates that these offences must be treated with increased seriousness.

That is not to say that the applicant's age and absence of previous substantial convictions are not relevant factors.

The learned sentencing Judge also referred to lack of control and problems with alcohol but neither of these are mitigating factors.

The sentence which was imposed, which as I have said was one of 12 months imprisonment suspended after three months for an operational period of 18 months, was not, in my view, outside the appropriate range. On the contrary, having regard even to the earlier authorities, given under a regime which was more lenient to applicants of this kind than the present one, the sentence would not, in my opinion, have been outside the range. I would therefore refuse the application.

PINCUS JA: I agree and would add only this, that but for the change in the legislative environment, the submissions made by Mr Devereaux might have had some slight prospect of success. The statutory treatment of such offences however, makes it impossible, in my view, to conclude that the sentence imposed was excessive. Indeed it appears to me to have been a proper sentence and I would dismiss the application, also.

CHESTERMAN J: I agree with the result and with the reasons given by both my brothers.

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