R v Aston-Brien

The appellant, Aston-Brien, was convicted in the Supreme Court of Queensland for receiving property stolen, possessing property stolen, and attempting to enter a dwelling with intent to commit an offence. The conviction for attempted entry with intent and the corresponding two-year imprisonment sentence are the subject of the appeal. The appellant argued that the charge was incorrect and that the sentences imposed were manifestly excessive, particularly in light of their substantial prior criminal history.

The court was required to determine whether the conviction for attempted entry with intent should be overturned because the charge was incorrect. Additionally, the court had to consider whether the Crown established an attempted entry. The court also needed to assess whether the sentences imposed were manifestly excessive, taking into account the appellant's prior criminal history.

The court found that the charge for attempted entry with intent was incorrect, as the Crown failed to establish that the appellant had attempted to enter the dwelling with intent to commit an offence. The court held that the evidence did not demonstrate that the appellant had gone beyond mere preparation to commit the offence. Therefore, the conviction for attempted entry with intent and the two-year imprisonment sentence were quashed. The court dismissed the appeal against conviction and refused the application for leave to appeal against sentence, finding that the sentences imposed were not manifestly excessive in the context of the appellant's prior criminal history.