R v Allison

[2003] QCA 125

SUPREME COURT OF QUEENSLAND

CITATION:

R v Allison [2003] QCA 125

PARTIES:

R
v
ALLISON, Gary John
(appellant)

FILE NO/S:

CA No 347 of 2002
DC No 251 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

21 March 2003

DELIVERED AT:

Brisbane

HEARING DATE:

17 February 2003

JUDGES:

McMurdo P, Jerrard JA and Mackenzie J
Separate reasons for judgment of each member of the Court; each concurring as to the orders made

ORDER:

1. Appeal against conviction dismissed
2. Application for leave to appeal against sentence allowed 3. Sentence of 18 months imprisonment imposed on 23 October 2002 be and remain suspended on and from 6 December 2002, for an operational period of four years

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – CONDUCT OF LEGAL PRACTITIONERS – where appellant contends trial counsel deprived him of the opportunity to plead guilty – where appellant did not instruct his representatives that he wished to plead guilty – where appellant maintained his innocence at all times – whether appropriate for an accused to plead guilty to obtain a more lenient sentence while maintaining innocence – whether appellant deprived of a reasonable chance of acquittal

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – PURPOSE OF SENTENCE – DETERRENCE – where trial judge found appellant’s conduct to be part of a campaign of intimidation against a commercial rival – where trial judge intended the sentence imposed on the appellant to show that violence should not be used to deter commercial competitors in the tow truck industry – whether sentence imposed on a finding which lacks sufficient support

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where appellant showed no remorse – where appellant showed hostility toward complainant – where limited cooperation with administration of justice – where appellant released on bail after serving one and a half months in prison – whether onerous to return appellant to prison

R v Inns (1974) 60 Cr App Rep 231, considered
R v MacKenzie [2000] QCA 324; CA No 353 of 1999, 11 August 2000, considered
Meissnerv R (1995) 184 CLR 132, considered
R v Taylor [2000] QCA 311; CA No 139 of 2000, 4 August 2000, distinguished
R v Turner (1970) 54 Cr App Rep 352, considered
TKWJ v R (2002) 193 ALR 7, followed

COUNSEL:

M J Byrne QC for the appellant
D Meredith for the respondent

SOLICITORS:

Bernard Bradley & Associates for the appellant
Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P:  I agree with Jerrard JA's reasons for dismissing the appeal against conviction and wish only to add these brief observations.

1. The appellant's barrister would have been prudent to ensure that…