SUPREME COURT OF QUEENSLAND
CITATION: R v Bird and Schipper [2000] QCA 94 PARTIES: R
v
BIRD, Sara Fotini
SCHIPPER, Aleaha Jade
(applicants)FILE NO/S: CA No 318 of 1999
CA No 325 of 1999
SC No 34 of 1999
SC No 35 of 1999DIVISION: Court of Appeal PROCEEDING: Sentence application ORIGINATING COURT: Supreme Court at Brisbane
DELIVERED ON: 24 March 2000 DELIVERED AT: Brisbane HEARING DATE: 25 February 2000 JUDGES: McMurdo P, Pincus JA, Thomas JA
Separate reasons for judgment of each member of the Court, McMurdo P and Pincus JA concurring as to the orders made; Thomas JA dissentingORDER: Applications for leave to appeal against sentence granted. Appeals allowed. The sentences are varied as follows: in respect of CA No 318 of 1999, it is ordered that 16 years imprisonment be served instead of 20 years imprisonment, and in respect of CA No 325 of 1999, it is ordered that 9 years imprisonment be served instead of 11 years imprisonment. The sentences at first instance are otherwise confirmed. CATCHWORDS: CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – OTHER OFFENCES AGAINST THE PERSON – ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM – SENTENCING
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – GENERALLY – convictions for attempted murder and grievous bodily harm with intent to do grievous bodily harm - whether sentences imposed were manifestly excessive – consideration of youth, lack of prior convictions, prior good character, cooperation with authorities and early plea of guilty – whether too much weight was placed on sexuality of the applicants and their involvement in Satanism – effect of serious violent offender declaration on length of sentence, particularly where operation of Part 9A Penalties and Sentences Act 1992 makes declaration mandatory
Corrective Services Act 1988 (Qld), s 166.
Penalties and Sentences Act 1992 (Qld), s 9(1)(e), s 9(4), s 9(4)(h), s 13, s 161B(3)R v Byers CA No 430 of 1994, 28 February 1995, discussed
R v Bojovic CA No 4 of 1997, 9 May 1997, considered
R v Booth [1999] QCA 100; CA No 338 of 1998, 30 March 1999, considered
R v Campbell CA No 187 of 1994, 8 August 1994, discussed
R v Corrigan [1994] 2 QdR 415, applied
R v Daley [1999] QCA 332; CA No 201 of 1999, 18 August 1999, discussed
R v Doyle [1996] 1 QdR 407, discussed
R v Griffin & Dunkerton [1999] QCA 71; CA No 309, 318, 352 of 1998, 19 March 1999, considered
R v Hardie [1999] QCA 352; CA No 178 of 1999, 24 August 1999, discussed
R v Hewitt CA No 405 of 1993, 3 December 1993, discussed
R v Leishman CA No 418 of 1994, 9 December 1994, discussed
R v…
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- AGLC
- R v Bird and Schipper [2000] QCA 94
- Case
- [2000] QCA 94
- Decision Date
CaseChat Overview and Summary
The court examined the nature and circumstances of the offences, the appellants' backgrounds, and the sentencing principles applicable to their case. The court found that the sentences imposed were indeed excessive. It noted the appellants' youth, lack of prior convictions, good character, and cooperation with authorities, as well as their early plea of guilty. The court also held that too much weight had been placed on the appellants' sexuality and involvement in Satanism, which were not relevant to the seriousness of the offences. Furthermore, the court considered the effect of the serious violent offender declaration on the length of the sentence, and concluded that the operation of Part 9A of the Penalties and Sentences Act 1992 made the declaration mandatory.
The Court of Appeal allowed the appeals and varied the sentences. In respect of the attempted murder conviction, the court reduced the sentence from 20 years imprisonment to 16 years imprisonment. In respect of the grievous bodily harm with intent conviction, the court reduced the sentence from 11 years imprisonment to 9 years imprisonment. The court confirmed the sentences in all other respects.
The court ordered that the sentences be varied as follows: in respect of CA No 318 of 1999, it is ordered that 16 years imprisonment be served instead of 20 years imprisonment, and in respect of CA No 325 of 1999, it is ordered that 9 years imprisonment be served instead of 11 years imprisonment. The sentences at first instance are otherwise confirmed.
Orders
Orders of the court
Applications for leave to appeal against sentence granted. Appeals allowed. The sentences are varied as follows: in respect of CA No 318 of 1999, it is ordered that 16 years imprisonment be served instead of 20 years imprisonment, and in respect of CA No 325 of 1999, it is ordered that 9 years imprisonment be served instead of 11 years imprisonment. The sentences at first instance are otherwise confirmed.
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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