Gunson v Tabuai Summary

[1997] QCA 289

COURT OF APPEAL
McPHERSON JA
WILLIAMS J

BYRNE J

CA No 197 of 1997
W R GUNSON
v.

JOHN DENNIS TABUAI

Applicant

BRISBANE
..DATE 15/07/97
150797 D.1 T15/RB28 M/T COA147/97
BYRNE J: This is an application for leave to appeal against
sentence. The applicant has not actually appeared to argue the
case, but there is no substance in it. The sole ground is that
the sentence is manifestly excessive.

The applicant pleaded guilty in the Magistrates Court at Weipa to assault occasioning bodily harm whilst armed with a dangerous instrument. He was sentenced to six months imprisonment. The sentence was ordered to be wholly suspended for one year.

The applicant is 33 years old. The victim was the mother of the woman with whom he has maintained a de facto relationship for some time. She was attacked by the applicant at his house which was close to her home in a community in far North Queensland. In the attack the applicant struck the complainant in the face with a rake.

The incident occurred at night after the complainant had visited her daughter's home where there was an argument. She walked out of the house to see the applicant. He was holding the rake. He came at her with it, striking her a blow which caused considerable pain. The complainant ran from the house. She was eventually taken to hospital where her wounds were treated. There was at least serious bruising as a result.

The applicant told the police he was upset with the complainant and hit her because he was angry. He said he was sorry for the incident and that he realised that he should not have done what he did.

150797 D.1 T15/RB28 M/T COA147/97
The applicant had prior convictions and had previously been sent
to prison for failure to comply with community based orders.
Imprisonment for three months had been ordered in mid-July 1996,
about nine months before the attack on the complainant.

The nature of the offence, its consequences, the applicant's age and prior criminal history taken in conjunction with his poor record in respect of community based orders all combined to indicate that, notwithstanding the plea of guilty, the sentence imposed was well within the range of a sound sentencing discretion. I would dismiss this application.

McPHERSON JA: I agree.

WILLIAMS J: I agree.

McPHERSON JA: The application is dismissed.

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CaseChat Overview and Summary

In the matter of Gunson v Tabuai, the applicant, John Dennis Tabuai, applied for leave to appeal against his sentence. Tabuai, who had pleaded guilty to assault occasioning bodily harm while armed with a dangerous instrument, was sentenced to six months imprisonment, wholly suspended for one year. The applicant's attack involved striking the complainant, who was the mother of the woman with whom he had a de facto relationship, with a rake, causing considerable pain and bruising. The attack occurred in a community in far North Queensland, following an argument at the complainant's home. The applicant had prior convictions and had been imprisoned previously for failing to comply with community-based orders.

The court was required to determine whether the sentence imposed was manifestly excessive. The appeal hinged on the assessment of the seriousness of the offence, the applicant's age, prior criminal history, and his compliance with community-based orders. The court considered the nature of the offence, its consequences, and the applicant's background, which included a history of non-compliance with community orders and a recent three-month imprisonment. The court found that the sentence was well within the range of a sound sentencing discretion and did not constitute a manifestly excessive punishment.

The Court of Appeal, comprising McPherson JA, Williams J, and Byrne J, unanimously dismissed the application for leave to appeal. The court held that the sentence was appropriate given the circumstances of the case, the applicant's criminal history, and his non-compliance with community-based orders. The judgment underscored that the sentence was not manifestly excessive and affirmed the decision of the Magistrates Court at Weipa. The application was thus dismissed.

Gunson v Tabuai

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established