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R v Brown

R v Brown

Case [2013] QCA 185 16 July 2013

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SUPREME COURT OF QUEENSLAND

CITATION:

R v Brown [2013] QCA 185

PARTIES:

R
v
BROWN, Imelda Joyce
(applicant)

FILE NO/S:

CA No 338 of 2012
DC No 410 of 2012
DC No 435 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

16 July 2013

DELIVERED AT:

Brisbane

HEARING DATE:

2 May 2013

JUDGES:

Holmes and Fraser JJA and North J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   The application for leave to appeal against sentence is granted.

2.   The appeal is allowed.

3.   The sentences imposed on the indictment below are set aside, and substitute a sentence of 203 days imprisonment in respect of each with the declaration that the applicant has already served 203 days, between 4 February 2012 and 3 April 2012, and between 30 April 2012 and 19 September 2012, on each of those sentences.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two counts of serious assault, the first of which involved punching a police officer and the second spitting at him – where the applicant was sentenced to nine months imprisonment in respect of the first charge, and 15 months imprisonment in respect of the second, to be served concurrently – where the sentences were suspended after 203 days, which the applicant had already served in pre-sentence custody – where the applicant, a middle-aged woman in poor health, was from a disadvantaged background, had no relevant criminal history and had entered an early plea of guilty – whether the sentences imposed were manifestly excessive

Criminal Code 1899 (Qld), s 340(b)
Police Powers and Responsibilities Act 2000 (Qld), s 790(1)

R v Barry[2007] QCA 48, cited
R v Hamilton[2006] QCA 122, cited
R v Hawton[2009] QCA 248, cited
R v Holden[2006] QCA 416, cited
R v Juric[2003] QCA 132,cited
R v King (2008) 179 A Crim R 600; [2008] QCA 1, cited
R v Laskus[1996] QCA 120, cited
R v McLean (2011) 212 A Crim R 199, [2011] QCA 218, cited
R v Reuben[2001] QCA 322, cited

COUNSEL:

F D Richards for the applicant
R W Griffith for the respondent

SOLICITORS:

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

HOLMES JA: The applicant pleaded guilty to a series of offences committed in a confrontation with police. They consisted of two counts of serious assault, contrary to s 340(b) of the Criminal Code, on one of which she was sentenced to nine months imprisonment and the other, 15 months imprisonment, and three summary charges: assaulting police[1] (brought under the Police Powers and Responsibilities Act 2000) and committing a public nuisance, in respect of each of which she was sentenced to one month…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Brown

Details

AGLC: R v Brown [2013] QCA 185
Case: [2013] QCA 185
Decision Date: 16 July 2013

CaseChat Overview and Summary

The applicant, a middle-aged woman in poor health from a disadvantaged background with no relevant criminal history, pleaded guilty to two counts of serious assault against a police officer. The first count involved punching the officer, while the second involved spitting at him. She was sentenced to nine months imprisonment for the first count and 15 months for the second, to be served concurrently. After serving 203 days in pre-sentence custody, the sentences were suspended. The applicant sought leave to appeal against the sentences, arguing they were manifestly excessive.

The court was required to decide whether the sentences imposed were manifestly excessive, taking into account the applicant's health, background, lack of criminal history, and her early plea of guilty. The court considered the principles of sentencing, including the need for punishment and deterrence, as well as the circumstances of the applicant. The court also had to assess whether the sentences were proportionate to the offences committed and whether there were any other relevant factors that warranted a different outcome.

The court found that the sentences imposed were manifestly excessive. It took into account the applicant's health, background, and lack of criminal history, as well as her early plea of guilty. The court concluded that the sentences did not adequately reflect the circumstances of the applicant and were disproportionate to the offences committed. The court granted leave to appeal and allowed the appeal, setting aside the original sentences and substituting a sentence of 203 days imprisonment for each count, with a declaration that the applicant had already served that time in pre-sentence custody.

The court ordered that the application for leave to appeal against sentence is granted. The appeal is allowed. The sentences imposed on the indictment are set aside, and substitute a sentence of 203 days imprisonment in respect of each count, with the declaration that the applicant has already served 203 days, between 4 February 2012 and 3 April 2012, and between 30 April 2012 and 19 September 2012, on each of those sentences.

Orders

Orders of the court

1. The application for leave to appeal against sentence is granted.

2. The appeal is allowed.

3. The sentences imposed on the indictment below are set aside, and substitute a sentence of 203 days imprisonment in respect of each with the declaration that the applicant has already served 203 days, between 4 February 2012 and 3 April 2012, and between 30 April 2012 and 19 September 2012, on each of those sentences.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

R v Brown [2013] QCA 185

Most Recent Citation

R v Murray [2014] QCA 250

Cases citing this decision · 9 of 9 shown

RXY v Commissioner of Police
[2025] QDC 163 Para 7

…Similarly in R v Brown [2013] QCA 185, a sentence of 15 months was imposed in relation to an offence of serious assault committed in the context of other offences. She was 50 years of age with a lengthy history of prior, liquor related offending. The appeal was allowed and the sentence reduced to the approximatel…
WPT v QPS
[2021] QDC 250 Para 12

…erred the court to comparative cases of AE v Commissioner of Police [2017] QDC 254; R v James [2012] QCA 256; R v MCL [2017] QCA 114; and R v Brown [2013] QCA 185, to contend for a sentence of 12 to 15 months of imprisonment for the most serious charge 2 of serious assault police officer. In doing so the prosecut…
R v Cooney
[2019] QCA 166 Para 1

…to her during her struggle with police. Her sentences were suspended after 203 days, which was the time she had spent in pre-sentence custody. [13][2013] QCA 185.…
Dawkins v Queensland Police Service
[2018] QDC 161 Para 1

…v Brown .[38] [34] (unreported, Fantin DCJ, Cairns District Court, 8 March 2018) [35] [2003] QCA 132 [36] [2014] QCA 188 [37] [2017] QDC 45 [38] [2013] QCA 185…
Townsend v Commissioner of Police
[2017] QDC 45 Para 1

…[76][2014] QCA 188. [77][2015] QDC 315. [78](2014) 245 A Crim R 37. [79][1996] QCA 120. [80][2007] QCA 48. [81][2009] QCA 248. [82][2008] QCA 1. [83][2013] QCA 185. [84][2015] QCA 180. [85][2000] QCA 176. [86][2003] QCA 132.…
Addo v Senior Constable Jacovos
[2016] QDC 271 Para 1

…unting for totality. It is submitted that the appropriate starting point was 12 months’ imprisonment.[9] [9] R v Conway [2005] QCA 194; R v Brown [2013] QCA 185.…
Ross v Commissioner of Police
[2015] QDC 315 Para 1

…rom extracts of the Explanatory Notes. He referred to a number of cases, in particular R v King [2008] QCA 1; R v Reuben [2011] QCA 322 and R v Brown [2013] QCA 185, in support of his submission that a term of imprisonment with some actual time to be served, was the appropriate outcome. He referred to the effects…
Queensland Police Service v Terare
[2014] QCA 260 Para 1

…the increased maximum penalty, the sentence imposed will turn on the facts of each particular case. Actual imprisonment is by no means mandatory. [39][2013] QCA 185, Holmes JA, [29], Fraser JA and North J agreeing.…
R v Murray
[2014] QCA 250 Para 1

…ier cases, if only to shed light upon the circumstances in which the increased maximum was enacted. The relevant decisions were analysed in R v Brown [2013] QCA 185. It is not useful in this case to refer to decisions in which the penalty reflected spitting at a police officer as well as other significant assault…

View all 9 citing cases →

Cases cited in this decision · 9 of 9 shown

R v McLean
[2011] QCA 218 Para 1

…r unusual features of the kind found in King or Barry ; and the applicant’s history was “concerning”. [8][2006] QCA 416. [9][2009] QCA 248. [10][2011] QCA 218.…
R v Hawton
[2009] QCA 248 Para 1

…h or other special or unusual features of the kind found in King or Barry ; and the applicant’s history was “concerning”. [8][2006] QCA 416. [9][2009] QCA 248. [10][2011] QCA 218.…
R v King
[2008] QCA 1 Para 1

…volving more actual custody should be imposed. Defence counsel submitted that no further sentence at all should be imposed. [2][2003] QCA 132. [3][2008] QCA 1.…
R v Barry
[2007] QCA 48 Para 1

…ave been appropriate; but since the applicant had already served in excess of six months, no further sentence ought be imposed. [4][2001] QCA 322. [5][2007] QCA 48. [6][2006] QCA 122. [7][1996] QCA 120.…
R v Holden
[2006] QCA 416 Para 1

…as an apology, youth or other special or unusual features of the kind found in King or Barry ; and the applicant’s history was “concerning”. [8][2006] QCA 416. [9][2009] QCA 248. [10][2011] QCA 218.…
R v Hamilton
[2006] QCA 122 Para 1

…te; but since the applicant had already served in excess of six months, no further sentence ought be imposed. [4][2001] QCA 322. [5][2007] QCA 48. [6][2006] QCA 122. [7][1996] QCA 120.…
R v Juric
[2003] QCA 132 Para 1

…est any sentence involving more actual custody should be imposed. Defence counsel submitted that no further sentence at all should be imposed. [2][2003] QCA 132. [3][2008] QCA 1.…
R v Reuben
[2001] QCA 322 Para 1

…be served, would have been appropriate; but since the applicant had already served in excess of six months, no further sentence ought be imposed. [4][2001] QCA 322. [5][2007] QCA 48. [6][2006] QCA 122. [7][1996] QCA 120.…
R v Laskus
[1996] QCA 120 Para 1

…pplicant had already served in excess of six months, no further sentence ought be imposed. [4][2001] QCA 322. [5][2007] QCA 48. [6][2006] QCA 122. [7][1996] QCA 120.…

Legislation cited in this decision · 1

Police Powers and Responsibilities Act 2000 (Qld)
790(1) 2 mentions (from Para 1)

CITATION:	R v Brown [2013] QCA 185
PARTIES:	R v BROWN, Imelda Joyce (applicant)
FILE NO/S:	CA No 338 of 2012 DC No 410 of 2012 DC No 435 of 2012
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Townsville
DELIVERED ON:	16 July 2013
DELIVERED AT:	Brisbane
HEARING DATE:	2 May 2013
JUDGES:	Holmes and Fraser JJA and North J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. The application for leave to appeal against sentence is granted. 2. The appeal is allowed. 3. The sentences imposed on the indictment below are set aside, and substitute a sentence of 203 days imprisonment in respect of each with the declaration that the applicant has already served 203 days, between 4 February 2012 and 3 April 2012, and between 30 April 2012 and 19 September 2012, on each of those sentences.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two counts of serious assault, the first of which involved punching a police officer and the second spitting at him – where the applicant was sentenced to nine months imprisonment in respect of the first charge, and 15 months imprisonment in respect of the second, to be served concurrently – where the sentences were suspended after 203 days, which the applicant had already served in pre-sentence custody – where the applicant, a middle-aged woman in poor health, was from a disadvantaged background, had no relevant criminal history and had entered an early plea of guilty – whether the sentences imposed were manifestly excessive Criminal Code 1899 (Qld), s 340(b) Police Powers and Responsibilities Act 2000 (Qld), s 790(1) R v Barry[2007] QCA 48, cited R v Hamilton[2006] QCA 122, cited R v Hawton[2009] QCA 248, cited R v Holden[2006] QCA 416, cited R v Juric[2003] QCA 132,cited R v King (2008) 179 A Crim R 600; [2008] QCA 1, cited R v Laskus[1996] QCA 120, cited R v McLean (2011) 212 A Crim R 199, [2011] QCA 218, cited R v Reuben[2001] QCA 322, cited
COUNSEL:	F D Richards for the applicant R W Griffith for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent