R v Browning

Case [2018] QCA 337


SUPREME COURT OF QUEENSLAND

CITATION: R v Browning [2018] QCA 337
PARTIES:

R

v

BROWNING, Scott Cameron
(applicant)

FILE NO/S:

CA No 304 of 2018

DC No 581 of 2017

DIVISION: Court of Appeal
PROCEEDING: Sentence Application
ORIGINATING COURT: District Court at Cairns – Date of Sentence: 19 November 2018 (Clare SC DCJ)
DELIVERED EX TEMPORE ON:

5 December 2018

DELIVERED AT: Brisbane
HEARING DATE: 5 December 2018
JUDGES: Sofronoff P and Philippides JA and Boddice J
ORDER: The application for leave to appeal against sentence is dismissed.
CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL –

APPEAL AGAINST SENTENCE – where the applicant was sentenced to 18 months imprisonment for one count of dangerous operation of a vehicle causing death – where the applicant was a professional truck driver – where the applicant had a not insubstantial traffic history – where the applicant drove a heavy vehicle that had only one of six brakes working and worn suspension – where the applicant’s mother was the person killed – whether the sentence was manifestly excessive

R v Illin (2014) 246 A Crim R 176; [2014] QCA 285, cited

R v Todd [1982] 2 NSWLR 517, cited

COUNSEL: A J Kimmins appeared for the applicant C N Marco for the respondent
SOLICITORS:

McGinness & Associates as town agent for Mellick Smith & Associates for the applicant

Director of Public Prosecutions (Queensland) for the respondent

BODDICE J: On 18 May 2018, the applicant entered a plea of guilty to one count of dangerous operation of a vehicle causing death. On 19 November 2018, the applicant was sentenced to imprisonment for 18 months for that offence. That sentence was ordered to be suspended, after the applicant had served a period of three months imprisonment, for an operational period of two and a-half years. The applicant was also disqualified from holding or obtaining a driver’s licence for six months.

The applicant seeks leave to appeal that sentence. In his initial application, the applicant relied upon one ground of appeal, should leave be given, namely, that the sentence imposed was manifestly excessive in all of the circumstances.

At the hearing of the application, the applicant was granted leave to amend his proposed ground of appeal to allege that the sentencing judge erred in her sentencing discretion, in that she failed to:

(a)state in open Court that she had taken account of the guilty plea in determining the sentence imposed, as required under s 13(3) of the Penalties and Sentences Act;

(b)take into account the delay between the date of the offence and the date of the applicant’s sentence;

(c)give sufficient and adequate weight to the victim impact statement and extracurial punishment by the applicant as a result of the death of his mother;

(d)invite submissions of the parties in relation to a sentence involving actual custody.

The applicant was born on 4 October 1967. He was 51 years of age at sentence and 47 years of age at the time of the…

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AGLC
R v Browning [2018] QCA 337
Case
[2018] QCA 337
Decision Date

CaseChat Overview and Summary

The case of R v Browning involved an appeal against the sentence imposed on the applicant, who was found guilty of dangerous operation of a vehicle causing death. The incident resulted in the death of the applicant's mother. The applicant, a professional truck driver, had a history of traffic violations and drove a heavy vehicle with only one functional brake and worn suspension. The Court of Appeal was tasked with determining whether the 18-month imprisonment sentence was manifestly excessive.

The primary legal issue before the court was whether the sentence imposed was manifestly excessive in the circumstances of the case. The applicant argued that the sentence was disproportionately harsh, given the factors surrounding the incident. The court needed to consider the nature and circumstances of the offence, the applicant's background, and the principles of sentencing to assess the proportionality of the sentence.

In dismissing the application for leave to appeal against the sentence, the court held that the sentence was not manifestly excessive. The court considered the gravity of the offence, the applicant's history of traffic violations, and the unsafe condition of the vehicle. The court found that the sentence reflected the seriousness of the crime and was commensurate with the circumstances. The court did not find any error in the primary judge's sentencing process that warranted an appeal.

No further orders were made by the court. The application for leave to appeal against the sentence was dismissed.

Orders

Orders of the court

The application for leave to appeal against sentence is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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