R v Batchelor

[2009] QCA 150

SUPREME COURT OF QUEENSLAND

CITATION:

R v Batchelor [2009] QCA 150

PARTIES:

R
v
BATCHELOR, Robert William
(applicant)

FILE NO/S:

CA No 70 of 2009
SC No 1302 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

1 June 2009

DELIVERED AT:

Brisbane

HEARING DATE:

1 June 2009

JUDGES:

Holmes and Muir JJA and McMurdo J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant sentenced to 13 years’ imprisonment for attempted murder – where applicant was aged 20 years at the time of offence – where applicant cooperated early with police investigation – where applicant had no significant criminal history – where applicant had made an early plea of guilty – where victim had made a complete recovery from physical injuries but continues to suffer from emotional and psychological injuries – where applicant was influenced to commit offence by an older person – where there was significant premeditation and planning in the commission of the offence – whether sentence was manifestly excessive in all the circumstances

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54, cited
Malvaso v The Queen (1989) 168 CLR 227; [1989] HCA 58, cited
R v Bird and Schipper (2000) 110 A Crim R 394; [2000] QCA 94, considered
R v Cole [2004] QCA 109, cited
R v Forster [2002] QCA 495, considered
R v Jurcik [2001] QCA 390, cited
R v Kerwin [2005] QCA 259, cited
R v Lester [2004] QCA 34, cited
R v Mallie; ex parte A-G (Qld) [2009] QCA 109, cited
R v Reeves [2001] QCA 91, cited
R v Rochester; ex parte (Qld) [2003] QCA 326, considered
R v Sauvao [2006] QCA 331, cited
R v Tevita [2006] QCA 131, considered

COUNSEL:

C L Morgan for the appellant
M B Lehane for the respondent

SOLICITORS:

Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent

HOLMES JA:  Justice McMurdo will deliver his reasons first.

McMURDO J:  On 6 March this year, the applicant was convicted on his pleas of guilty of attempted murder, burglary with actual violence while armed with a dangerous weapon and stealing.

On that first count, he was sentenced to a term of 13 years’ imprisonment, on the second to four years’ imprisonment and on the third to one year imprisonment, the sentences to be served concurrently.  A period of 324 days was deemed time served under the sentences.

Necessarily the offence of attempted murder was declared a serious violent offence.  He applies for leave to appeal his sentence of 13 years on the basis that it is manifestly excessive.  It…