SUPREME COURT OF QUEENSLAND
CITATION:
R v Boggs [2014] QCA 31
PARTIES:
R
v
BOGGS, Brett Ian
(applicant)FILE NO/S:
CA No 53 of 2013
DC No 27 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Townsville
DELIVERED ON:
28 February 2014
DELIVERED AT:
Brisbane
HEARING DATE:
20 February 2014
JUDGES:
Margaret McMurdo P and Gotterson JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for leave to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS – where the applicant was charged together with three others with attempted robbery – where after a trial the applicant was sentenced to 30 months imprisonment suspended after 15 months with an operational period of three years – where one of the applicant's co-offenders was sentenced to 30 months imprisonment suspended after 10 months with an operational period of three years for the attempted robbery and an assault occasioning bodily harm – where the applicant's co-offender pleaded guilty at a very early stage and cooperated fully with the administration of justice – where the sentencing judge found that the applicant's and that co-offender's criminality was equal – where the applicant had no real mitigating features other than his unfortunate background and the fact that his mother and family would be disadvantaged by his imprisonment – whether the applicant has a justifiable sense of grievance – whether the applicant's application for leave to appeal against sentence should be granted
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant was convicted after a trial of attempted robbery – where the applicant was sentenced to 30 months imprisonment suspended after 15 months with an operational period of three years – where the offence was a serious example of attempted armed robbery – where the applicant had no real mitigating features other than his unfortunate background and the fact that his mother and family would be disadvantaged by his imprisonment – whether the sentence was manifestly excessive
R v Edwards[2013] QCA 216, cited
R v Hanvey[2002] QCA 498, considered
R v Hill[2005] QCA 18, cited
R v Moodie[1999] QCA 125, citedCOUNSEL:
The applicant appeared on his own behalf
S P Vasta for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant was charged, together with Justin Brunker, Sereena Edwards and Dwayne Goodhew, with attempted robbery on 27 April 2011 at Townsville. On 30 November 2012, Brunker, who had pleaded guilty on 14 June 2012, was sentenced to 30 months imprisonment with presentence custody declared as time served under the sentence; his sentence was suspended after 10 months with an operational period of three…
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- AGLC
- R v Boggs [2014] QCA 31
- Case
- [2014] QCA 31
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the applicant's sense of grievance was justified and whether the sentence imposed was manifestly excessive. In assessing the parity between co-offenders, the court considered the roles and cooperation of each participant in the crime. The court also evaluated the severity of the offence and the applicant's personal circumstances, including his background and the potential impact of imprisonment on his family.
The court found that the sentencing judge had appropriately considered the equality of the criminality between the applicant and his co-offender, and that the disparity in sentences was justified by the co-offender's early plea and cooperation. The court also concluded that the sentence was not manifestly excessive, considering the seriousness of the crime. The court noted that the applicant's background and family situation, while unfortunate, did not significantly mitigate the gravity of the offence.
The application for leave to appeal against sentence was refused. The court found no basis to interfere with the original sentence, upholding the decision of the sentencing judge.
Orders
Orders of the court
The application for leave to appeal against sentence is refused.
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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