SUPREME COURT OF QUEENSLAND
CITATION:
R v Badaa [2022] QCA 12
PARTIES:
R
v
BADAA, Yunus
(applicant)FILE NO/S:
CA No 192 of 2020
SC No 271 of 2019DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 4 September 2020 (Boddice J)
DELIVERED ON:
11 February 2022
DELIVERED AT:
Brisbane
HEARING DATE:
19 May 2021
JUDGES:
Sofronoff P and McMurdo JA and Mazza AJA.
ORDER:
Application for leave to appeal refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of burglary, one count of extortion with a circumstance of aggravation, two counts of common assault, one count of malicious act with intent, one count of burglary in the night in company, and one count of assault occasioning bodily harm while armed in company – where the applicant was sentenced to concurrent terms of imprisonment of eight years and six months’ imprisonment – where the applicant had a limited but serious criminal history – where the applicant had fragile mental health – where the applicant had a dysfunctional background – where the learned trial judge applied the global approach to sentencing – where the learned trial judge declined to set a parole eligibility date – whether declining to set a parole eligibility date made the sentence manifestly excessive
Corrective Services Act 2006 (Qld), s 184(2)
Griffiths v The Queen (1989) 167 CLR 372; [1989] HCA 39, cited
Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cited
R v Bowditch [2014] QCA 157, cited
R v Nagy [2004] 1 Qd R 63; [2003] QCA 175, followed
R v Kruezi (2020) 6 QR 119; [2020] QCA 222, followedCOUNSEL:
L K Crowley QC for the applicant
C W Wallis for the respondentSOLICITORS:
Dib & Associates for the applicant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: I agree with the reasons of Mazza AJA.
McMURDO JA: I agree with Mazza AJA.
MAZZA AJA: The applicant, Yunus Badaa, seeks leave to appeal against sentence.
The applicant was convicted on his pleas of guilty of one count of burglary (count 1), one count of extortion with a circumstance of aggravation (count 2), two counts of common assault (counts 3 and 4), one count of malicious act with intent (count 6),[1] one count of burglary in the night in company (count 7), and one count of assault occasioning bodily harm while armed in company (count 8). Counts 1 to 4 were committed on 4 December 2017 by the applicant alone. Counts 6 to 8 were committed by the applicant with a co-accused, Qazin Kruezi on 5 December 2017.
[1]Count 6 was pleaded in the indictment as an alternative offence to count 5, which was a charge of attempted murder. The plea of guilty to count 6 was accepted in full…
Continue reading R v Badaa
Sign in free to access the full text
- AGLC
- R v Badaa [2022] QCA 12
- Case
- [2022] QCA 12
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the trial judge's decision not to set a parole eligibility date rendered the sentence manifestly excessive. The court noted that the trial judge had considered the mitigating factors and the applicant's overall criminality in deciding not to set a parole eligibility date. The court held that it was within the proper exercise of the trial judge's sentencing discretion not to set a parole eligibility date, and that the applicant would be eligible for release on parole after serving four years and three months of the sentence imposed. The court held that the failure to set a parole eligibility date did not make the sentence manifestly excessive.
The court refused the applicant's application for leave to appeal against the sentence. The court held that the ground of appeal had not been made out, as the failure to set a parole eligibility date did not render the sentence manifestly excessive. The court noted that the trial judge had considered all relevant factors in deciding not to set a parole eligibility date, and that the applicant would be eligible for release on parole after serving a significant portion of the sentence imposed.
Accordingly, the court refused the applicant's application for leave to appeal against sentence.
Orders
Orders of the court
Application for leave to appeal refused.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.