R v Blanch

[2008] QCA 253

SUPREME COURT OF QUEENSLAND

CITATION:

R v Blanch [2008] QCA 253

PARTIES:

R
v
BLANCH, Clinton John
(applicant/appellant)

FILE NO/S:

CA No 87 of 2008
DC No 353 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

29 August 2008

DELIVERED AT:

Brisbane

HEARING DATE:

20 August 2008

JUDGES:

Keane JA, Mackenzie AJA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Application for leave to appeal against sentence granted1.   

Appeal allowed to the extent of deleting the parole eligibility date set below and inserting in place thereof
10 March 20102.   

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 GRANTED – GENERALLY – where the applicant/appellant was convicted of one count of dangerous operation of a motor vehicle causing death and grievous bodily harm while adversely affected by an intoxicating substance – where the applicant/appellant pleaded guilty – where the applicant/appellant was 20 years old at the time of offending – where the applicant/appellant was sentenced to six years imprisonment with a parole eligibility date set at two and a half years – whether the sentence imposed was in the circumstances manifestly excessive

R v Collier [2003] QCA 314, applied
R v Gray (2005) 44 MVR 167; [2005] QCA 280, applied
R v Hoad (2005) 43 MVR 475; [2005] QCA 92, cited
R v Sheedy; ex parte A-G (Qld)[2007] QCA 183, considered

COUNSEL:

J M McInnes for the applicant/appellant
S G Bain for the respondent

SOLICITORS:

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

1. KEANE JA:  On 10 March 2008 the applicant was convicted on his own plea of one count of dangerous operation of a motor vehicle causing death and grievous bodily harm while adversely affected by an intoxicating substance.  He was sentenced to six years imprisonment with a parole eligibility date of 10 September 2010, ie after serving two and a half years in actual custody.  He was also disqualified absolutely from holding or obtaining a driver's licence.

1. The applicant seeks leave to appeal against his sentence on the ground that it is manifestly excessive.

The circumstances of the offence

1. At about 12.45 in the morning of 24 July 2005, the applicant drove his Holden Commodore sedan to a service station at Southport to refuel.  There were four passengers in his car.  They had been drinking and intended to go "pig chasing" at Canungra.  As a result of some contact with the driver and passengers of a Toyota MR2 at the service station, the applicant and the driver of the MR2 became involved in a high speed car chase which culminated in the applicant losing control of his vehicle and crashing into a concrete barrier on Bundall Road.  There was…