R v Brown

[2004] QCA 4

SUPREME COURT OF QUEENSLAND

CITATION:

R v Brown [2004] QCA 4

PARTIES:

R
v
BROWN, Allyson Leanne
(applicant)

FILE NO/S:

CA No 369 of 2003
SC No 20 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Cairns

DELIVERED ON:

4 February 2004

DELIVERED AT:

Brisbane

HEARING DATE:

4 February 2004

JUDGES:

de Jersey CJ, Williams JA, Mackenzie J
Judgment of the Court

ORDER:

Application dismissed

CATCHWORDS:

CRIMINAL LAW - JURISDICTION, PRACTICE AND  PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where appellant killed deceased by stabbing – where appellant affected by alcohol – where appellant had extensive prior criminal history

R v Baker [2002] QCA 174; CA No 329 of 2001, 17 May 2002, referred to 
R v Benstead [1995] QCA 195; CA No 9 of 1995, 25 May 1995, referred to
R v Stafford [1996] QCA 79; CA No 503 of 1995, 13 March 1996, referred to

COUNSEL:

A J Rafter SC for the applicant
S G Bain for the respondent

SOLICITORS:

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

THE CHIEF JUSTICE:  The applicant was convicted by a jury of the manslaughter of a 42 year old man and sentenced to six years' imprisonment. 

She was just short of adulthood in law at the time of the offence being 16 years and 11 months of age and she was 18 years and eight months old when sentenced. She was sentenced, of course, as an adult though against an applicable 10 years' imprisonment maximum by operation of the Juvenile Justice Act. It is not suggested the learned sentencing Judge erred in his application of the provisions of that Act, simply that the six years was a manifestly excessive term particularly having regard to the applicant's deprived background.

She killed the deceased by stabbing him in the neck.  She had with deliberation previously obtained the knife she used for that purpose.  She and the deceased were intoxicated. They had been drinking at a hotel and then went to his house.  She claimed to be reacting to unwanted sexual advances but the reality is the deceased probably posed no real threat to her,  in saying that not to diminish the plain unacceptability of his conduct in that regard.

The applicant has had a most unfortunate personal background, one of deprivation and abuse. But the particular difficulty she faced upon sentence was her extensive prior criminal history and especially prior convictions for crimes of violence.  On 21 February 2001 she was convicted of assault occasioning bodily harm involving a stabbing and sentenced to nine months detention with an order for immediate release.  Within one month of her being released she committed a serious assault by pulling a knife on a police officer. 

She was required to serve the nine months detention imposed on 21 February 2001 leading to her release in August 2001.  The instant offence occurred on 21 December 2001.  Against that history and allowing for her youth, six years' imprisonment was unsurprising even against a 10 year maximum.  She had offered to plead guilty to manslaughter but as the learned Judge pointed out conducted her murder trial on the basis the death was accidental.  We were referred to Benstead, COA9/1995; Baker (2002) Queensland Court of Appeal 174; and Stafford, Court of Appeal 503 of 1995. 

Particularly allowing for the applicant's apparent propensity for this sort of crime I do not consider the sentence of six years' imprisonment which was imposed is rendered doubtful by any of those cases.  I would refuse the application.

WILLIAMS JA:  I agree.

MACKENZIE J:  I agree.

THE CHIEF JUSTICE:  The application is dismissed.