R v. Bains

[2008] QCA 247

SUPREME COURT OF QUEENSLAND

CITATION:

R v Bains [2008] QCA 247

PARTIES:

R
v
BAINS, Amarjit Singh
(applicant)

FILE NO/S:

CA No 335 of 2007
DC No 2327 of  2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

22 August 2008

DELIVERED AT:

Brisbane

HEARING DATE:

19 June 2008

JUDGES:

Keane and Fraser JJA and Fryberg J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OTHER OFFENCES – where the applicant was convicted on his plea of guilty of one count of dangerous operation of a motor vehicle causing death while adversely affected by an intoxicating substance – where the applicant had a significant and relevant criminal history – where the applicant suffered from an organic brain injury that affected his general cognition – where the applicant was sentenced to six years imprisonment with a parole eligibility date fixed after two years and six months imprisonment – whether in the circumstances the sentence was manifestly excessive

Channon v The Queen (1978) 20 ALR 1, cited
R v Armstrong [2007] QCA 146, cited
R v Bains [2008] QDC 106, affirmed
R v Balic (2005) 44 MVR 35; [2005] QCA 212, cited
R v Cook;  ex parte A-G (Qld) (2007) 48 MVR 65; [2007] QCA 100, cited
R v Dingle[2003] QCA 7, cited
R v Evans [2005] QCA 455, cited
R v Hey; ex parte A-G (Qld) [2006] QCA 23, considered
R v McKinnon[1999] QCA 75, cited
R v Neumann; ex parte A-G (Qld) [2007] 1 Qd R 53;
[2005] QCA 362, cited
R v Sheedy; ex parte A-G (Qld)[2007] QCA 183, cited
R v Scognamiglio (1991) 56 A Crim R 81, cited

COUNSEL:

Applicant appeared on his own behalf
M B Lehane for the respondent

SOLICITORS:

Applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. KEANE JA: I agree with the reasons of Fraser JA and with the order proposed by his Honour.

1. FRASER JA: On 22 November 2007 the applicant was convicted on his own plea of guilty to dangerous operation of a motor vehicle causing death while adversely affected by an intoxicating substance.  He also pleaded guilty to two summary offences, driving over the general but under the high alcohol limit and driving whilst disqualified by court order. 

1. He was sentenced to six years imprisonment with a parole eligibility date fixed after he had served a period of two and a half years.  He was disqualified absolutely from holding or obtaining a drivers licence.  In respect of the two summary matters he was convicted but not…