SUPREME COURT OF QUEENSLAND
CITATION:
R v Beer & Massey [2002] QCA 397
PARTIES:
R
v
BEER, John Joseph James
MASSEY, Nickolas Daniel Massey(appellants/applicants)
FILE NO/S:
CA No 108 of 2002
CA No 103 of 2002
CA No 151 of 2002
DC No 3399 of 2001DC No 288 of 2001
DIVISION:
Court of Appeal
PROCEEDING:
Appeals Against Conviction
Sentence Applications
ORIGINATING COURTS:
District Court at Brisbane
District Court at Southport
DELIVERED ON:
4 October 2002
DELIVERED AT:
Brisbane
HEARING DATE:
22 July 2002
JUDGES:
Davies and McPherson JJA and Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:
1. In CA No 103 of 2002 and CA No 108 of 2002: Appeals against conviction dismissed and applications for leave to appeal against sentence dismissed.
2. In CA No 151 of 2002: Application for leave to appeal against sentence dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – PARTICULAR GROUNDS – UNREASONABLE OR UNSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where appellants had been charged with assault occasioning bodily harm in company while armed – where appellants convicted of assault occasioning bodily harm in company – whether verdicts were unsafe and unsatisfactory because of inconsistencies – whether use by one appellant of a baseball bat to assault complainant was an essential part of the prosecution case – whether it was open to the jury to accept the complainant’s evidence that he was followed and assaulted but to not be satisfied that a baseball bat was used to assault him
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – OFFENCES AGAINST THE PERSON – GENERALLY – where appellants convicted of assault occasioning bodily harm in company – where each appellant sentenced to 15 months’ imprisonment to be suspended after six months with an operational period of two years – whether sentences manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – OFFENCES AGAINST THE PERSON – GENERALLY – where applicant pleaded guilty to grievous bodily harm – where applicant stabbed complainant three times in chest area – where applicant sentenced on the basis that he acted in self defence but, in doing so, had used excessive force – where applicant sentenced to two years’ imprisonment and given recommendation for eligibility for parole after 12 months – totality of applicant’s criminal conduct – whether sentence manifestly excessive
Mackenzie v R (1996) 190 CLR 348, applied.
R v Armstrong, CA No 10 of 1995, 14 March 1995, considered.
R v Bain [2000] QCA 121; CA No 440 of 1999, 10 April 2000, considered.
R v Dempsey & Perks; ex parte Attorney-General [1999] QCA 520; CA No 328 of 1999 and CA No…
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- Case
- [2002] QCA 397
- Decision Date
CaseChat Overview and Summary
The reasoning of the court hinged on the jury's role in evaluating the evidence presented, and their capacity to accept part of the complainant's testimony while disregarding other aspects. The court held that the jury's decision, though it might include some inconsistencies, did not render it unreasonable or unsafe. As for the sentences, the court found that they were within the range appropriate for the crimes committed, taking into account the applicants' criminal histories and the circumstances surrounding the offences. Consequently, the appeals against both conviction and sentence were dismissed.
Orders
Orders of the court
1. In CA No 103 of 2002 and CA No 108 of 2002: Appeals against conviction dismissed and applications for leave to appeal against sentence dismissed.
2. In CA No 151 of 2002: Application for leave to appeal against sentence dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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