R v Bryant

Case [2007] QCA 247


SUPREME COURT OF QUEENSLAND

CITATION:

R v Bryant [2007] QCA 247

PARTIES:

R
v
BRYANT, Darryl Robert
(applicant)

FILE NO/S:

CA No 77 of 2007
DC No 647 of 2006
DC No 158 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

3 August 2007

DELIVERED AT:

Brisbane

HEARING DATE:

18 July 2007

JUDGES:

de Jersey CJ, Jerrard JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. Allow the application
2. Allow the appeal
3. Substitute a sentence of four years imprisonment, with a parole eligibility date of 27 September 2008

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN ALLOWED – GENERALLY – where the applicant pleaded guilty to all counts on two indictments, charging the commission of nine different offences against property – where the applicant was 35 years old – where the applicant had an extensive criminal history for like offences – whether the sentence was manifestly excessive

R v Cummins[2004] QCA 350; CA No 294 of 2006, 23 September 2004, distinguished
R v Easton[2002] QCA 110; CA No 12 of 2002, 21 March 2002, considered
R v Faramus[1999] QCA 167; CA No 30 of 1999, 11 May 1999, considered
R v Karbanowisz[2003] QCA 543; CA No 295 of 2003, 4 December 2003, considered
R v Lennon[2005] QCA 10; CA No 393 of 2004, 7 February 2005, considered
R v McDowall[2005] QCA 260; CA No 126 of 2005, 26 July 2005, distinguished
R v Muscat[2005] QCA 129; CA No 233 of 2005, 29 April 2005, considered
R v Ross[2000] QCA 49; CA 406 of 1999, 29 February 2000, distinguished
R v Speechley, ex-parte A-G; CA No 510 of 1994, considered
R v Smith[2000] QCA 127,  CA 405 of 1999, 11 April 2000, distinguished
R v Taylor[2007] QCA 214; CA No 88 of 2007, 12 July 2007, considered
R v Western[2005] QCA 176; CA No 87 of 2005, 30 May 2005, considered
R v Williams[2004] QCA 27; CA No 2 of 2004, 16 February 2004, distinguished

COUNSEL:

A W Moynihan SC for the applicant
R G Martin SC for the respondent

SOLICITORS:

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

  1. de JERSEY CJ: I have had the advantage of reading the reasons for judgment of Jerrard JA.  I agree with the orders proposed by His Honour and with his reasons.

  1. JERRARD JA: On 27 March 2007 Darryl Bryant pleaded guilty to all counts on two indictments, charging the commission of nine different offences against property.  The learned sentencing judge observed that the 35 year old Mr Bryant had an…

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Details
AGLC
R v Bryant [2007] QCA 247
Case
[2007] QCA 247
Decision Date

CaseChat Overview and Summary

The appeal before the court involved the applicant, Bryant, who had pleaded guilty to nine offences against property, spread across two indictments. Bryant, aged 35 at the time of sentencing, had a significant history of similar criminal activities. The primary issue before the court was whether the sentence imposed on Bryant was manifestly excessive. The court was tasked with reviewing the circumstances surrounding the sentence and determining if it warranted a reduction.

The court considered the nature and number of offences, the applicant's age, and his extensive criminal history. It was essential to balance the need for punishment and deterrence against the principle of proportionality in sentencing. The court examined the severity of the offences, the impact on the victims, and the likelihood of rehabilitation. Given the extensive history of similar offences and the applicant's age, the court concluded that the original sentence was indeed excessive. It found that a sentence of four years imprisonment with parole eligibility from 27 September 2008 was more appropriate.

Based on the findings, the court allowed the application to reduce the sentence and granted the appeal. The original sentence was substituted with a four-year imprisonment term, with parole eligibility set for 27 September 2008. This decision reflects the court's consideration of the applicant's criminal history, the nature of the offences, and the need for a proportionate sentence.

Orders

Orders of the court

1. Allow the application

2. Allow the appeal

3. Substitute a sentence of four years imprisonment, with a parole eligibility date of 27 September 2008

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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