R v Brown; ex parte - [2009] QCA 342

SUPREME COURT OF QUEENSLAND

CITATION:

R v Brown; ex parte A-G (Qld) [2009] QCA 342

PARTIES:

R
v
BROWN, Denny John
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 191 of 2009
SC No 383 of 2009
SC No 385 of 2009
SC No 388 of 2009
SC No 409 of 2009
SC No 1293 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

6 November 2009

DELIVERED AT:

Brisbane

HEARING DATE:

19 October 2009

JUDGES:

McMurdo P and Muir and Fraser JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The appeal is dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – the respondent pleaded guilty to a number of charges including three counts of unlawful wounding of a 10 year old child – the respondent injected the complainant child with a needle containing Oxycontin or heroin on three occasions – the complainant child suffered significant psychological harm and attempted suicide on a number of occasions – the respondent pleaded guilty to the wounding offences even though the complainant child could not give evidence – the respondent was sentenced to six years imprisonment with parole eligibility after two years – whether the sentence was manifestly inadequate – whether a serious violence offence declaration should have been made

Criminal Code 1899 (Qld), s 317, s 320, s 323, s 669A
Drugs Misuse Act 1986 (Qld), s 4

GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22, cited
R v Henry & Attorney-General of Queensland [1996] QCA 414, considered
R v KU& Ors; ex parte A-G (Qld)[2008] QCA 154, cited
R v Lacey; ex parte A-G (Qld)[2009] QCA 274, cited
R v McDougall & Collas [2007] 2 Qd R 87; [2006] QCA 365, cited
R v Ottaviano [1997] QCA 338, cited
R v Walsh [2008] QCA 391, cited
R v Watson; ex parte A-G (Qld) [2009] QCA 279, cited

COUNSEL:

M R Byrne for the appellant
D R Kent for the respondent

SOLICITORS:

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

McMURDO P: The respondent, Denny John Brown, pleaded guilty on 16 July 2009 in the Brisbane Supreme Court to the following charges contained in four separate indictments: burglary and stealing on 20 April 2005; unlawfully supplying the dangerous drug cocaine on 17 April 2007; stealing on 8 July 2007; falsely representing himself to be a police officer with intent to defraud on 8 July 2007; and three counts of unlawfully wounding a 10 year old child on unknown dates between 30 April and 4 July 2007. Brown also pleaded guilty to two summary offences: failing to take reasonable care and precaution in respect of a syringe or needle on 8 July…

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; ex parte

Details

AGLC: R v Brown; ex parte [2009] QCA 342
Case: [2009] QCA 342
Decision Date: 6 November 2009

CaseChat Overview and Summary

The case of R v Brown; ex parte involved the respondent, who pleaded guilty to three counts of unlawful wounding of a 10-year-old child. The respondent injected the child with a needle containing Oxycontin or heroin on three occasions, resulting in significant psychological harm and multiple suicide attempts by the child. Despite the child's inability to give evidence, the respondent pleaded guilty and was sentenced to six years in prison with parole eligibility after two years. The respondent appealed the sentence, arguing it was inadequate.

The primary legal issues in this case were whether the sentence imposed was manifestly inadequate and whether a declaration of a serious violence offence should have been made. The respondent contended that the sentence was too lenient given the severity of the harm caused to the child, and that a declaration of a serious violence offence would have been appropriate to reflect the gravity of the crime.

The court considered the nature and circumstances of the offences, the impact on the victim, and the principles of sentencing. It was noted that the respondent had shown no remorse and had continued to engage in criminal behaviour. However, the court determined that the sentence was not manifestly inadequate as it was within the range of penalties for the offences committed. The court also found that there were no grounds for a declaration of a serious violence offence, as it was not a mandatory requirement in this case. Consequently, the appeal was dismissed, and the original sentence was upheld.

Orders

Orders of the court

The appeal is dismissed

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

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CITATION:	R v Brown; ex parte A-G (Qld) [2009] QCA 342
PARTIES:	R v BROWN, Denny John (respondent) EX PARTE ATTORNEY-GENERAL OF QUEENSLAND (appellant)
FILE NO/S:	CA No 191 of 2009 SC No 383 of 2009 SC No 385 of 2009 SC No 388 of 2009 SC No 409 of 2009 SC No 1293 of 2008
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Appeal by A-G (Qld)
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	6 November 2009
DELIVERED AT:	Brisbane
HEARING DATE:	19 October 2009
JUDGES:	McMurdo P and Muir and Fraser JJA Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	The appeal is dismissed
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – the respondent pleaded guilty to a number of charges including three counts of unlawful wounding of a 10 year old child – the respondent injected the complainant child with a needle containing Oxycontin or heroin on three occasions – the complainant child suffered significant psychological harm and attempted suicide on a number of occasions – the respondent pleaded guilty to the wounding offences even though the complainant child could not give evidence – the respondent was sentenced to six years imprisonment with parole eligibility after two years – whether the sentence was manifestly inadequate – whether a serious violence offence declaration should have been made Criminal Code 1899 (Qld), s 317, s 320, s 323, s 669A Drugs Misuse Act 1986 (Qld), s 4 GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22, cited R v Henry & Attorney-General of Queensland [1996] QCA 414, considered R v KU& Ors; ex parte A-G (Qld)[2008] QCA 154, cited R v Lacey; ex parte A-G (Qld)[2009] QCA 274, cited R v McDougall & Collas [2007] 2 Qd R 87; [2006] QCA 365, cited R v Ottaviano [1997] QCA 338, cited R v Walsh [2008] QCA 391, cited R v Watson; ex parte A-G (Qld) [2009] QCA 279, cited
COUNSEL:	M R Byrne for the appellant D R Kent for the respondent
SOLICITORS:	Director of Public Prosecutions (Queensland) for the appellant Legal Aid Queensland for the respondent