IN THE COURT OF APPEAL [1993] QCA 271
SUPREME COURT OF QUEENSLAND
C.A. No. 167 of 1993
Brisbane
[R v. Brown]
BETWEEN
T H E Q U E E N
v.
ANDREW JUSTIN BROWN
Respondent
ATTORNEY-GENERAL OF QUEENSLAND
Appellant
________________________________________________________________
_
Macrossan C.J.
Pincus J.A.Lee J.
________________________________________________________________
_
Judgment delivered 4 August 1993
Separate reasons of Macrossan C.J., Pincus J.A. and Lee J.
Macrossan C.J. and Lee J. concurring as to the order made,
Pincus J.A. dissenting.
________________________________________________________________
_
APPEAL DISMISSED.
________________________________________________________________
CATCHWORDS: CRIMINAL LAW - dangerous driving causing death - whether conviction should have been recorded.
Counsel: | Mr D Bullock for the appellant. Mr A Rafter for the respondent. |
| Solicitors: | Director of Prosecutions for the appellant. Legal Aid Office for the respondent. |
| Hearing Date: | 14 July 1993. |
IN THE COURT OF APPEAL
| Q | UEENSLAND |
| B | risbane |
Before The Chief Justice
Mr Justice Pinc us Mr Justice Lee
| [ | R. v. Brown] |
C.A. No. 167 of 1993
T H E Q U E E N
v.
ANDREW JUSTIN BROWN
(Respondent)
ATTORNEY-GENERAL OF QUEENSLAND
(Appellant)
REASONS FOR JUDGMENT - THE CHIEF JUSTICE
Judgment delivered 04.08.1993
In my view this appeal which was brought by the Attorney- General against sentence should be dismissed.
The respondent was, following a trial, convicted of dangerous driving causing death. He was ordered to perform two hundred hours of community service and was disqualified from holding or obtaining a driver's licence for three years. It was ordered that no conviction should be recorded and this is the aspect which the appeal seeks to challenge.
The learned trial judge's remarks when sentencing indicated that he gave anxious consideration to all aspects of his task and I am unable to detect any error in his approach. He reviewed the relevant features of the case before deciding that a custodial term was not called for. He would undoubtedly have been confirmed in his conclusion by the attitude of the prosecutor who conceded that it was not a case where it was necessary to impose a term of imprisonment, saying that a substantial fine or order for community service would meet the case. The prosecutor offered his opinion to the sentencing judge that there was not much purpose to be served in sending the youthful respondent to prison.
On the hearing of the appeal, counsel for the appellant, in deference to what had occurred below, quite properly refrained from questioning the non-custodial term which had been imposed and restricted his submission to formally pressing for the recording of a conviction. However, he based his submission upon the nature of the offence involved, the claimed serious aspects of the case and the culpability of the respondent. This might be thought to involve, at least indirectly, a measure of departure from the Crown attitude expressed below. In submitting that it was erroneous not to have imposed a conviction, counsel for the appellant did not say that he accepted that it was a case where a term of imprisonment was not called for.…
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- Case
- [1993] QCA 271
- Decision Date
CaseChat Overview and Summary
The Court of Appeal considered the facts of the case, including the respondent's speed, the visibility conditions at the scene of the accident, and the actions of the other driver involved in the collision. The Court also examined the sentencing discretion conferred by the Penalties and Sentences Act 1992, particularly the factors to be considered when deciding whether or not to record a conviction.
The majority of the Court, Macrossan C.J. and Lee J., concluded that the trial judge's decision not to record a conviction was within the scope of his discretion. They noted that the respondent was a young man with no previous convictions and a good employment record. The majority found that the trial judge had given anxious consideration to all aspects of the case and had not erred in his approach. They also emphasised the importance of achieving consistency in sentencing while allowing for the exercise of discretion in individual cases.
Pincus J.A., however, dissented from the majority decision. He considered that the offence committed was too serious to warrant lenient treatment and that the trial judge should have recorded a conviction. Pincus J.A. emphasised the need for courts to reflect society's concern and condemnation of criminally bad driving.
Ultimately, the appeal was dismissed, with Macrossan C.J. and Lee J. concurring as to the order made. The Court did not find that the trial judge's decision not to record a conviction was erroneous, and thus the sentence imposed was upheld.
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