SUPREME COURT OF QUEENSLAND
CITATION:
R v Blenkinsop; R v Blenkinsop [2007] QCA 181
PARTIES:
R
v
BLENKINSOP, Aaron Michael
(first applicant)R
v
BLENKINSOP, Tony Michael
(second applicant/appellant)FILE NO/S:
CA No 24 of 2007
CA No 25 of 2007
DC No 45 of 2007
DC No 47 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Cairns
DELIVERED ON:
1 June 2007
DELIVERED AT:
Brisbane
HEARING DATE:
30 April 2007
JUDGES:
Williams, Jerrard and Holmes JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
Aaron Michael Blenkinsop
1. Application for leave to appeal against sentence dismissedTony Michael Blenkinsop
1. Application for leave to appeal against sentence allowed
2. Set aside the sentence of four years imprisonment on the burglary count and substitute a sentence of three years imprisonment with a parole release date fixed at
24 October 2007
3. On the remaining counts, leave in place the sentence of two years imprisonment to be served concurrently with the sentence on the burglary count, but set aside the order for suspension and instead fix a parole release date of
24 October 2007CATCHWORDS:
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 – GENERALLY – where the applicants carried out a home invasion in part to gather information about a supposed paedophile ring – where they were convicted, on pleas of guilty, of one count of burglary with a circumstance of aggravation, two counts of deprivation of liberty, one count of common assault and one count of stealing – where the first applicant was sentenced to five and a half years on the burglary count and two years concurrent on each of the remaining counts – where the first applicant also pleaded guilty to five counts of receiving and one of fraud on a separate indictment and was sentenced to two years on each count, to be served concurrently with the sentences on the first indictment – whether the sentence imposed was excessive
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 second applicant was sentenced to four years imprisonment, suspended after 12 months with an operational period of five years, on the burglary counts and concurrent sentences of two years imprisonment, suspended after 12 months with an operational period of five years, on the remaining counts – whether, given the second applicant’s youth, lack of previous convictions and prospects for rehabilitation, the sentence imposed was excessive
Penalties and Sentence Act 1992 (Qld), s 13A
R v Cockfield [2006] QCA 276; CA No 159 of 2006,
4 August 2006, distinguished
R v Denham; ex parte A-G (Qld) [2003] QCA…
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- AGLC
- R v Blenkinsop [2007] QCA 181
- Case
- [2007] QCA 181
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentences imposed on the applicants were excessive. Aaron argued that his sentence was unduly harsh, while Tony contended that his sentence was excessive given his youth, lack of prior criminal history, and potential for rehabilitation. The court needed to determine whether the sentences appropriately reflected the gravity of the offences and whether they took into account the individual circumstances of each applicant.
The court found that Aaron's sentence was not excessive. It considered the totality of his offending, which included additional unrelated offences of receiving and fraud, and concluded that the sentence adequately reflected the seriousness of his crimes. However, in Tony's case, the court determined that his sentence was indeed excessive. Factors such as Tony's young age, absence of prior convictions, and prospects for rehabilitation warranted a reduced sentence. The court accordingly allowed Tony's appeal and substituted a sentence of three years imprisonment on the burglary count, with a parole release date set for 24 October 2007. The sentences on the remaining counts were to be served concurrently, with parole release also fixed at 24 October 2007.
Aaron's application for leave to appeal against his sentence was dismissed, while Tony's application was allowed. The court set aside the original sentence for Tony on the burglary count, substituting it with a three-year imprisonment term, and adjusted the parole release date for all counts to 24 October 2007.
Orders
Orders of the court
Aaron Michael Blenkinsop
1. Application for leave to appeal against sentence dismissed
Tony Michael Blenkinsop
1. Application for leave to appeal against sentence allowed
2. Set aside the sentence of four years imprisonment on the burglary count and substitute a sentence of three years imprisonment with a parole release date fixed at
24 October 2007
3. On the remaining counts, leave in place the sentence of two years imprisonment to be served concurrently with the sentence on the burglary count, but set aside the order for suspension and instead fix a parole release date of
24 October 2007
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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