R v Black

[2005] QCA 132

SUPREME COURT OF QUEENSLAND

CITATION:

R v Black [2005] QCA 132

PARTIES:

R
v
BLACK, Natalie Louise
(applicant)

FILE NO/S:

CA No 28 of 2005
SC No 783 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

29 April 2005

DELIVERED AT:

Brisbane

HEARING DATE:

19 April 2005

JUDGES:

McPherson and Williams JJA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence dismissed

CATCHWORDS:

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 REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – where applicant pleaded guilty to three counts of attempted murder – where sentenced to six years imprisonment with a recommendation for post-prison  community-based release after serving 15 months – where applicant attempted to murder herself and her three children by carbon monoxide poisoning – where at the time the offences were committed, the applicant was suffering an adjustment disorder precipitated by the breakdown of her marriage to the children’s father – where the applicant was driven by malice towards the children’s father – where the applicant desisted from the attempt at the very last moment – where no prior criminal history – where plea of guilty entered at early stage – whether the sentence imposed was manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 92

R v Bailey [2001] VSC 461; SC No 1491 of 2001, 22 November 2001, considered
R v Richards [2002] NSWSC 415; SC 70015 of 2002, 17 May 2002, considered
R v Skipper (1992) 64 A Crim R 260; CCA SCt of WA 121 of 1992, 4 December 1992, considered
R v Thew, unreported, Court of Criminal Appeal, NSW, No 60307 of 1998, 25 August 1998, considered
R v Treloar, unreported, de Jersey CJ, SC No 342 of 2001, 2 April 2002, considered

COUNSEL:

K M McGinness for the applicant
R G Martin SC for the respondent

SOLICITORS:

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

1. McPHERSON JA:  I agree with the reasons of Williams JA for dismissing this application to appeal against sentence.

1. WILLIAMS JA:  The applicant seeks leave to appeal against a sentence of six years imprisonment with a recommendation for post-prison community-based release after serving 15 months which was imposed on each of three counts of attempted murder to which she pleaded guilty on 22 November 2004.  The sentences were to be served concurrently.  In fact the applicant was sentenced on 17 February 2005 and by then she had spent 87 days in custody; a declaration was made that that be time taken into account as part of the sentence. 

1. The charges arose from the applicant's attempt to kill herself and her three children, Mersaydeez, born 27 December 1994,…