R v BCF

[2012] QCA 87

SUPREME COURT OF QUEENSLAND

CITATION:

R v BCF [2012] QCA 87

PARTIES:

R
v
BCF
(applicant)

FILE NO/S:

CA No 264 of 2011
DC No 102 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Gladstone

DELIVERED ON:

13 April 2012

DELIVERED AT:

Brisbane

HEARING DATE:

29 March 2012

JUDGES:

Muir JA and P Lyons and Dalton JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Leave to appeal against sentence granted.1.   

The sentence imposed below is set aside.2.   

The applicant is sentenced to six years imprisonment.3.   

Parole eligibility is fixed at 24 August 2013.4.   

CATCHWORDS:

CRIMINAL LAW – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant submerged the foot of her 18 month old son into boiling water – where the applicant plead guilty to intentionally doing grievous bodily harm – where the applicant was sentenced to nine years imprisonment with parole eligibility after serving three years – whether sentence manifestly excessive

R v Amituanai (1995) A Crim R 558; [1995] QCA 80, cited
R v BBJ[2007] QCA 375, distinguished
R v Chard; ex parte A-G (Qld)[2004] QCA 372, considered
R v Collins; ex parte A-G (Qld)[2009] QCA 350, considered
R v Corr; ex parte A-G(Qld)[2010] QCA 40, distinguished
R v Elliott[2000] QCA 267, applied
R v Hall; ex parte A-G (Qld) [2002] QCA 125, considered
R v Holland[2008] QCA 200, distinguished
R v Lowe[2001] QCA 270, cited
R v Mitchell[2006] QCA 240, cited
R v Riseley; ex parte A-G (Qld)[2009] QCA 285, considered
R v SAV; ex parte A-G(Qld)[2006] QCA 328, considered
R v Woodman[2009] QCA 197, distinguished

COUNSEL:

L D Reece for the applicant
S Vasta for the respondent

SOLICITORS:

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

1. MUIR JA: The applicant was convicted on her plea of guilty of intentionally doing grievous bodily harm to her son and sentenced to imprisonment for nine years with a recommendation that she be considered eligible for parole after three years.  She applies for leave to appeal against her sentence on the ground that it was manifestly excessive.  The following facts were recorded in a schedule of agreed facts placed before the sentencing judge.

   “The defendant was 22 years old when she intentionally submerged her misbehaving 18 month old son’s …foot into a bowl of boiling water that had been set up to make jelly…

   She held it there despite his screaming and flinching, which could be heard next door.

   He suffered a deep burn affecting the entire right foot and anterior, lateral and medial sides of the ankle… The burn was a mixture of… (…second and third degree burns).

   She put him down and went outside to call his biological father……