SUPREME COURT OF QUEENSLAND
CITATION:
R v Bussey [2003] QCA 197
PARTIES:
R
v
BUSSEY, Brett John
(applicant)FILE NO/S:
CA No 82 of 2003
DC No 17 of 2003
DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Mackay
DELIVERED EX TEMPORE ON:
12 May 2003
DELIVERED AT:
Brisbane
HEARING DATE:
12 May 2003
JUDGES:
de Jersey CJ, Williams JA and Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:
Application for leave to appeal against sentence refused
CATCHWORDS:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where applicant convicted on own plea of one count of dangerous operation of a motor vehicle causing grievous bodily harm – where sentenced to two years’ imprisonment to be suspended after six months with an operational period of two years and disqualified from holding or obtaining a driver’s license for two years – where the appellant seeks leave to appeal against sentence – whether the sentence imposed was manifestly excessive
R v Conquest; ex parte Attorney-General [1995] QCA 567, considered
R v Hardes [2003] QCA 47, considered
R v Pollock [2003] QCA 119, considered
R v Theuerkauf and Theuerkauf; ex parte Attorney-General [2003] QCA 94, considered
COUNSEL:
The applicant appeared on his own behalf
M J Copley for the respondent
SOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
WILSON J: This is an application for leave to appeal against sentence.
The applicant pleaded guilty to the dangerous operation of a motor vehicle causing grievous bodily harm. He was sentenced to two years' imprisonment to be suspended after six months with an operational period of two years. I note that the maximum which might have been imposed was seven years' imprisonment. He was also disqualified from holding or obtaining a driver's licence for two years.
The appeal is on the ground that the sentence was excessive in all of the circumstances.
The applicant was born on 2 December 1964. The offence was committed on 6 July 2002 when he was aged 37. He had no criminal history. He had a traffic history consisting of three speeding offences in 2001 to 2002 and one failure to wear a seatbelt in 1992. He was a carpenter by trade with his own building company. He had been married for 14 years to 1996 and there were four children of the marriage. At the sentence he was in a relationship of five years' standing.
The complainant and the applicant were not previously acquainted. They had both attended a business party associated with the opening of a new legalised brothel in Mackay. A verbal altercation took place between the applicant and one of the complainant's friends. The applicant was asked to leave. He drove away in his Toyota Landcruiser. There was a passenger travelling with…
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- Case
- [2003] QCA 197
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed was manifestly excessive. The appellant contended that the sentence was disproportionate to the offence committed, considering the circumstances and the potential for rehabilitation. The court needed to assess whether the sentence reflected the appropriate balance between punishment and rehabilitation, taking into account all relevant factors.
In evaluating the appeal, the court considered the nature and circumstances of the offence, the appellant's personal history, and the potential for rehabilitation. The court found that the sentence imposed was neither manifestly excessive nor disproportionate to the offence. The sentence was deemed appropriate given the gravity of the harm caused and the need for deterrence and denunciation. The court also noted the operational period and the disqualification from driving, which aimed to protect public safety and encourage rehabilitation. Consequently, the court refused the appellant's application for leave to appeal against the sentence.
Orders
Orders of the court
Application for leave to appeal against sentence refused
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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