SUPREME COURT OF QUEENSLAND
CITATION:
R v Anderson [2012] QCA 264
PARTIES:
R
v
ANDERSON, Christopher James
(applicant)FILE NO/S:
CA No 54 of 2012
DC No 464 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Townsville
DELIVERED ON:
28 September 2012
DELIVERED AT:
Brisbane
HEARING DATE:
17 September 2012
JUDGES:
Holmes and Gotterson JJA and McMeekin J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused.
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 one count of grievous bodily harm – where the applicant was sentenced to two years and six months imprisonment with parole release fixed after fifteen months – where the applicant was an experienced security guard in his mid-thirties working at a hotel – where the applicant struck a female patron, breaking her jaw – where the assault was an over-reaction to a minor, brief and unthreatening physical contact – where the applicant had previous convictions for public nuisance offences but none for offences of violence – where the applicant had shown no remorse – whether the sentence was manifestly excessive
R v Grimley [2000] QCA 64, considered
R v Harvey[2003] QCA 286, considered
R v Katsidis[2003] QCA 82, considered
R v Lambert; ex parte A-G (2000) 111 A Crim R 564, [2000] QCA 141, considered
R v Taputoro[2007] QCA 29, consideredCOUNSEL:
J J Allen for the applicant
B J Merrin for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: The applicant was convicted, after a trial, of grievous bodily harm. He applies for leave to appeal against the sentence imposed, two years and six months imprisonment with parole release fixed after fifteen months, on the ground that it is manifestly excessive.
The factual basis of the sentence
The applicant was a security officer at a hotel in Ayr. The complainant, Ms Beteridge, was one of a group of six people who were standing, late at night, on the footpath outside the hotel. One of the group, Mr Liebrecht, was engaged in an argument with the manager, with whom he had previously had altercations, about whether he was entitled to be on the footpath. The applicant’s account was that he received a call to go to the front of the hotel where he saw the manager arguing with Mr Liebrecht. Following the manager’s instructions to get the group off the footpath, he repeatedly told Mr Liebrecht to move. Eventually, Mr Liebrecht did move onto the road, and the applicant took up a position on the edge of the footpath to ensure that he could not step back onto it. He was focussing on Mr Liebrecht when Ms Beteridge hit him on the side of his…
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- AGLC
- R v Anderson [2012] QCA 264
- Case
- [2012] QCA 264
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the sentence imposed was manifestly excessive. This required the court to consider the nature and circumstances of the offence, the appellant's background, and the principles of sentencing as established in relevant case law. The court was tasked with determining whether the sentence deviated significantly from what would be considered appropriate, taking into account the gravity of the offence and the appellant's lack of remorse and prior history of non-violent misconduct.
In examining the appeal, the court considered the severity of the injury inflicted and the appellant's overreaction to a minor incident. While acknowledging the appellant's lack of a prior history of violent offences, the court also highlighted the appellant's failure to show remorse and his position as an experienced security guard, which carried an expectation of maintaining order and restraint. The court concluded that the sentence was within the range of appropriate punishments for the offence committed and was not manifestly excessive. Consequently, the appeal was dismissed.
The court's final order was that the application for appeal against the sentence was refused.
Orders
Orders of the court
Application refused.
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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