COURT OF APPEAL
DAVIES JA
WILLIAMS JA
JERRARD JA
CA No 130 of 2002
THE QUEEN
v.
BARRY GEORGE BEAUCHAMP Applicant
BRISBANE
..DATE 01/07/2002
JUDGMENT
1
01072002 T9/DR/CAT28 M/T COA152/2002
WILLIAMS JA: On the 30th of April 2002 the applicant
pleaded guilty to two counts on an indictment which had been
presented to the District Court, Townsville. Count 1 was in
these terms: that on the 20th day of October 2001 at
Townsville he entered the dwelling house of Helen Flora
Kedub with intent to commit an indictable offence and was
armed with a dangerous weapon. The second count was that on
that date he unlawfully assaulted Helen Flora Kedub.
Thereafter counsel appearing for the prosecution outlined
the circumstances of the offence to the learned sentencing
Judge. In the course of doing that he did not expressly
identify the indictable offence which the Crown alleged the
applicant intended to commit when he entered the dwelling.
The circumstances of the offence as outlined by the
prosecutor were as follows: a house had been divided into
two separate units, the applicant residing in one and the
complainant in the other. They had little contact and could
not be regarded as close neighbours. There was an agreement
that the applicant would mow the lawn in return for the use
of the complainant's washing machine. Apparently the
washing machine broke down and was not fixed. In
consequence the applicant began mowing only his side of the
residence. That created some tension between them.
The offence occurred relatively early in the morning but it
appears that the applicant had been drinking quite heavily.
The complainant had risen early to feed some of her pets and
2 JUDGMENT
01072002 T9/DR/CAT28 M/T COA152/2002
then returned to bed leaving her back door ajar. She was
awoken by feeling something on her bed. She saw the
applicant sitting on the bed. At that stage he touched her
on the right shoulder.
That was identified by the prosecution as the offence of
unlawful assault. She was startled and scared. She rolled
out of bed and at that stage saw that the applicant was
naked and was holding a large black‑handled knife with a
curved blade. She screamed. The applicant then walked out
of the flat with a small towel wrapped around his waist. As
he was leaving he apparently said words to the effect, "Your
door was open. Why don't you let me use your washing
machine and I'll mow the whole lawn?"
When counsel for the applicant outlined the circumstances of
the offence from the applicant's point of view he indicated
in very clear terms that the applicant's plea was on the
basis his intent in entering the complainant's residence was
to steal some detergent.
The sentence in fact imposed was 18 months' imprisonment
suspended after six months with an operational period of two
years. That sentence was imposed on count 1. On count 2
there was a sentence of three months' imprisonment with no
recommendation.
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- AGLC
- R v Beauchamp [2002] QCA 238
- Case
- [2002] QCA 238
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the sentence imposed by the District Court was indeed manifestly excessive. The reasoning of the Court was that the District Court did not clearly identify the specific indictable offence the applicant intended to commit, which had a significant impact on the sentencing. The Court concluded that the applicant's intent was to steal detergent, not to assault the complainant, and his intoxicated state explained the presence of a knife and his attire. Given these circumstances, a custodial sentence of a short duration was deemed appropriate. The Court varied the sentence by ordering it to be suspended after 24 days in custody for the first count and imposing a 24-day imprisonment for the second count. The Court granted the appeal, allowed it, and varied the sentence as described.
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