SUPREME COURT OF QUEENSLAND
CITATION:
R v Berryman [2005] QCA 471
PARTIES:
R
v
BERRYMAN, Joshua James
(applicant)FILE NO/S:
CA No 282 of 2005
DC No 6 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Stanthorpe
DELIVERED ON:
16 December 2005
DELIVERED AT:
Brisbane
HEARING DATE:
6 December 2005
JUDGES:
Williams JA, Helman and Chesterman JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – where applicant pleaded guilty to doing grievous bodily harm – sentenced to three years’ imprisonment suspended after serving 12 months – applicant smashed an unbroken glass into the complainant’s face – complainant suffered significant scarring – whether the sentence imposed was manifestly excessive – comparison with similar cases
Criminal Code Act 1899 (Qld), s 1, s 320, s 323, s 668F(2)
R v Bryan; ex parte A-G (Qld) [2003] QCA 018; (2003) 137 A Crim R 489, considered
R v Harvey [2003] QCA 286; CA No 112 of 2003, 10 July 2003, considered
R v Hays; ex parte A-G (Qld) [1999] QCA 443; CA No 271 of 1999, 29 October 1999, considered
R vJasser [2004] QCA 014; CA No 277 of 2003, 9 February 2004, considered
R v Kent [2004] QCA 83; CA No 61 of 2004, 23 March 2004, considered
R vOrreal [2002] QCA 547; CA No 296 of 2002, 19 December 2002, considered
R v Rehavi [1999] 2 Qd R 640, considered
R v Toohey [2001] QCA 149; CA No 351 of 2000, 19 April 2001, considered
R v Tupou; ex parte A-G [2005] QCA 179; CA No 88 of 2005, 31 May 2005, considered
R v Weare [2002] QCA 183; CA No 54 of 2002, 31 May 2002, consideredCOUNSEL:
A W Moynihan for the applicant
M R Byrne for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
WILLIAMS JA: The applicant pleaded guilty on 12 October 2005 to one count of doing grievous bodily harm and was sentenced to three years’ imprisonment suspended after serving 12 months with an operational period of three years. He seeks leave to appeal against that sentence on the ground that it is manifestly excessive. The incident in question occurred on 20 March 2005 in a hotel in Stanthorpe. Both the complainant and the applicant had been drinking there for some time until the relevant events occurred in the early hours of the Sunday morning.
The complainant (aged 23) was with some companions and there was apparently some friendly jostling among them. The applicant (aged 24 at the time) had been drinking since playing football on the Saturday afternoon and…
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- AGLC
- R v Berryman [2005] QCA 471
- Case
- [2005] QCA 471
- Decision Date
CaseChat Overview and Summary
The court considered the principle of sentencing proportionality, examining the severity of the offence and the sentence imposed, and compared it with similar cases to determine if the sentence was indeed manifestly excessive. The court acknowledged the gravity of the injuries inflicted and the violence involved, but ultimately found that the sentence was not manifestly excessive. The court relied on precedents where similar offences had resulted in sentences of a comparable nature, thereby reinforcing the appropriateness of the sentence in this case.
Given the findings, the court dismissed the appeal against the sentence. The reasoning was grounded in the proportionality of the sentence relative to the offence and the consistency with sentencing in similar cases. The court determined that the sentence imposed was neither manifestly excessive nor inappropriate, and therefore, Berryman’s application for leave to appeal against the sentence was dismissed. No further orders were made.
Orders
Orders of the court
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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