SUPREME COURT OF QUEENSLAND
CITATION:
R v AS; ex parte A-G (Qld) [2004] QCA 259
PARTIES:
R
v
AS
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 183 of 2004
SC No 175 of 2004
SC No 179 of 2004DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
30 July 2004
DELIVERED AT:
Brisbane
HEARING DATE:
28 July 2004
JUDGES:
de Jersey CJ, Williams JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Appeal allowed
2. For the sentence of three and a half years detention imposed in respect of the offence of manslaughter, substitute detention for five years
3. The orders made on 27 May 2004 are otherwise to standCATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where the respondent pleaded guilty to the manslaughter of a taxi driver – where the Attorney-General appeals on the ground that the three and a half year detention imposed in respect of the manslaughter is manifestly inadequate – whether the sentence imposed in respect of the manslaughter is manifestly inadequate
Juvenile Justice Act 1992 (Qld), s 176(3)(a), s 150(2)(e)
Bryan v R; Lewis v Attorney-General of Queensland [2004] HC Trans 246, 23 June 2004, cited
Everett v R (1994) 181 CLR 295, cited
R v A [1995] QCA 148; (1995) 79 A Crim R 100, considered
R v Bates; R v Baker [2002] QCA 174; CA No 295 of 2001, CA No 329 of 2001, 17 May 2002, considered
R v Briody [2002] QCA 364; CA No 135 of 2002, 17 September 2002, considered
R v Kazakoff; ex parte Attorney-General [1998] QCA 459; CA No 236 of 1998, 27 August 1998, cited
R v K; R v K; ex parte Attorney-General of Queensland [1998] QCA 284; CA No 185 of 1998, CA No 189 of 1998, 22 September 1998, considered
R v Liekefett; ex parte Attorney-General [1973] Qd R 355, cited
R v Nagy [2003] QCA 175; [2004] 1 Qd R 63, cited
R v Simeon [2000] QCA 470; CA No 167 of 2000, 21 November 2000, consideredCOUNSEL:
M J Copley for the appellant
B G Devereaux for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent
de JERSEY CJ: The respondent, when aged 16 years, pleaded guilty to the manslaughter of a taxi driver on 27 December 2002, to stealing his property, and to the summary offences of obstructing police officers and assaulting police officers in the course of his subsequent apprehension. For the manslaughter, he was sentenced to three and a half years detention, to be released after serving 50 per cent…
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- AGLC
- R v AS; ex parte [2004] QCA 259
- Case
- [2004] QCA 259
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing, particularly the need to ensure that the punishment reflects the seriousness of the offence. The Attorney-General's appeal was based on the contention that the original sentence did not adequately reflect the gravity of the crime of manslaughter. The court had to weigh the arguments presented and decide if the original sentence was indeed manifestly inadequate.
In its judgment, the court found that the original sentence was indeed too lenient given the circumstances of the case. The court held that the three and a half year detention was manifestly inadequate and substituted a sentence of five years detention. The court's decision was grounded in the need to ensure that the punishment appropriately matched the seriousness of the offence.
The court allowed the appeal, substituting the original sentence of three and a half years detention with a sentence of five years detention. All other orders made on 27 May 2004 were to remain in place. The decision underscores the importance of ensuring that sentences are proportionate to the crimes committed, particularly in cases involving offences against the person.
Orders
Orders of the court
1. Appeal allowed
2. For the sentence of three and a half years detention imposed in respect of the offence of manslaughter, substitute detention for five years
3. The orders made on 27 May 2004 are otherwise to stand
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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