R v Briody

[2002] QCA 364

[2002] QCA 364

COURT OF APPEAL

WILLIAMS JA
HELMAN J
JONES J

CA No 135 of 2002

THE QUEEN

v.

MICHAEL TIMOTHY BRIODY                 Applicant

BRISBANE

..DATE 17/09/2002

JUDGMENT AND BENCH WARRANT

WILLIAMS JA:  The applicant, Michael Timothy Briody, pleaded guilty to an offence of armed robbery in company with personal violence.  He was sentenced to imprisonment for a period of three years that was ordered to be suspended after serving nine months' imprisonment with an operational period of three years.  He seeks leave to appeal against that sentence on the ground that it was manifestly excessive.  In the course of argument his counsel submitted that there was also an error made by the sentencing Judge which would entitle this Court to look at the sentence afresh.

The offence occurred on the 26th of December 2001 at approximately 9 p.m.  The complainant was a taxi driver who was operating in the Townsville area.  The complainant was aged 55.  He picked up from a shopping centre three young males.  Each of them had a can of beer in hand at the time.  The three were the applicant, Michael Briody, who was then aged 18 years, his brother Ben, who was then aged 17 years and another young person by the name of Benson.  It should be noted that Ben also pleaded guilty to the charge and was dealt with at the same time as the present applicant.

The three offenders gave various directions to the complainant and ultimately it was the applicant, Michael Briody, who told the complainant to drive down a particular road for the purpose of picking up a friend.  As the complainant was slowing down along that road he felt an arm around his neck and something sharp press against the side of his neck.  It was the applicant, Michael Briody, who was armed with a knife and had his arm around the complainant's neck.  He said, "Give me your money," and then also said, "I didn't cut the other guy, but I will cut you."

After the taxi came to a halt a number of blows were struck in the course of which the applicant was saying, "Give me the money."  The complainant tried to pull the knife away from his neck and in the course of doing so sustained a cut on his right index finger.

Michael Briody got out of the taxi and opened the driver's door.  He stood in front of the complainant with the knife pointed at the complainant.  The other males also alighted.  It is sufficient to say that ultimately the offenders took approximately $100 in notes from the shirt pocket of the complainant.  After the incident the Briody brothers travelled to Brisbane where their mother resided and they were apprehended by police when the bus arrived in Brisbane.  Those facts were substantially accepted by the learned sentencing Judge as the basis on which each was to be sentenced. 

It was put to the sentencing Judge that the Briody boys had been involved…