SUPREME COURT OF QUEENSLAND
CITATION:
R v Ali [2018] QCA 212
PARTIES:
R
v
ALI, Muhumed Samow
(applicant)FILE NO/S:
CA No 194 of 2017
SC No 344 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 29 August 2017 (Atkinson J)
DELIVERED ON:
14 September 2018
DELIVERED AT:
Brisbane
HEARING DATE:
9 May 2018
JUDGES:
Fraser and Gotterson JJA and Burns J
ORDERS:
1. Grant leave to appeal;
2. The appeal be allowed in part;
3. Set aside the sentence imposed for the offence of going armed in public so as to cause fear and substitute a sentence of two years imprisonment;
4. The sentences and orders otherwise made at first instance remain unaffected.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted after a trial of attempted murder – where the sentence for attempted murder was 10 years imprisonment with an automatic serious violent offence declaration – where the applicant pleaded guilty at the outset of the trial to dangerous operation of a motor vehicle, common assault and going armed in public so as to cause fear, for which the sentences were two years imprisonment, three years imprisonment and three years imprisonment, respectively – where the applicant drove his vehicle into the complainant’s street and deliberately collided with her vehicle – where the applicant retrieved a machete from his vehicle, chased the complainant and struck her between five and seven times with the machete – where the applicant was prevented from further attacking the complainant by the intervention of the complainant’s neighbours – where the sentencing judge found that the applicant held an intention to kill at all times, from when he drove into the complainant’s street to when he struck the final blow – whether the sentencing judge wrongly found that the applicant held an intention to kill at all times – whether the applicant’s sentence is manifestly excessive
Corrective Services Act 2006 (Qld), s 180, s 182
Criminal Code (Qld), s 69(1), s 538
Evidence Act 1977 (Qld), s 132C
Penalties and Sentences Act 1992 (Qld), s 12A, s 161A, s 161BCheung v The Queen (2001) 209 CLR 1; [2001] HCA 67, cited
R v Dwyer[2008] QCA 117, cited
R v Hicks [2017] QCA 14, considered
R v Jurcik[2001] QCA 390, considered
R v Mallie; ex parte A-G (Qld) [2009] QCA 109, considered
R v Reeves[2001] QCA 91, cited
R v Rochester; ex parte A-G (Qld)[2003] QCA 326, considered
R v Sauvao[2006] QCA 331, considered
R v Seijbel-Chocmingkwan[2014] QCA 119, considered
R v Tevita[2006] QCA 131, cited
R v Williams [2015] QCA 276, considered
R v Witchard & Ors; ex parte A-G (Qld) [2005] 1 Qd R 428; [2004] QCA 429, citedCOUNSEL:
L Ackermann for…
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- AGLC
- R v Ali [2018] QCA 212
- Case
- [2018] QCA 212
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the sentencing judge had wrongly found that the applicant held an intention to kill at all times, and whether the applicant’s sentence was manifestly excessive. The court considered the sentencing principles and the appropriate range of sentences for the offences committed by the applicant. The court found that while the sentencing judge was correct to find that the applicant held an intention to kill, the sentence imposed for the offence of going armed in public so as to cause fear was excessive.
The court allowed the appeal in part and set aside the sentence imposed for the offence of going armed in public so as to cause fear, substituting a sentence of two years imprisonment. The sentences and orders otherwise made at first instance remained unaffected. The court held that the sentence for going armed in public so as to cause fear was excessive, given the applicant’s other convictions and the circumstances of the attempted murder. However, the court found that the sentence for attempted murder was within the appropriate range of sentences for that offence. The applicant was granted leave to appeal and the appeal was allowed in part, with the sentence for going armed in public so as to cause fear being substituted for a sentence of two years imprisonment.
Orders
Orders of the court
1. Grant leave to appeal;
2. The appeal be allowed in part;
3. Set aside the sentence imposed for the offence of going armed in public so as to cause fear and substitute a sentence of two years imprisonment;
4. The sentences and orders otherwise made at first instance remain unaffected.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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