SUPREME COURT OF QUEENSLAND
CITATION:
R v Castle; Ex parte Attorney-General (Qld) [2014] QCA 276
PARTIES:
R
v
CASTLE, Dylan Bradley
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 138 of 2014
DC No 1879 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by Attorney-General (Qld)
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
7 November 2014
DELIVERED AT:
Brisbane
HEARING DATE:
9 October 2014
JUDGES:
Muir and Fraser JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the respondent pleaded guilty to one count of causing grievous bodily harm and one count of serious assault – where the respondent received a head sentence of four and a half years imprisonment and will be eligible for parole after serving 18 months – where the appellant argued the sentence was manifestly inadequate because the head sentence and the custodial period before parole eligibility were both too short – where the appellant argued the sentencing judge should have made a serious violent offence declaration or otherwise postponed the parole eligibility date – whether the sentence was manifestly inadequate
Corrective Services Act 2006 (Qld), s 182(2)
Penalties and Sentences Act 1992 (Qld), s 160C(5), s 161BBarbaro v The Queen (2014) 88 ALJR 372; [2014] HCA 2, considered
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29, cited
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
R v Anning[2008] QCA 161, cited
R v Bolton; Ex parte Attorney-General (Qld)[2014] QCA 128, followed
R v Craigie[2014] QCA 1, considered
R v Cullen & Hutchins; Ex parte Attorney-General (Qld)[2012] QCA 222, cited
R v Dillion; Ex parte Attorney-General (Qld)[2006] QCA 521, considered
R v Fisher (2008) 189 A Crim R 16; [2008] QCA 307, considered
R v Green[2013] QCA 24, cited
R v Kinersen-Smith & Connor; Ex parte Attorney-General (Qld)[2009] QCA 153, cited
R v McDougall and Collas [2007] 2 Qd R 87; [2006] QCA 365, cited
R v Tupou; Ex parte Attorney-General (Qld)[2005] QCA 179, considered
R v Van Der Zyden [2012] 2 Qd R 568; [2012] QCA 89, followed
R v Verheyen[2008] QCA 150, citedCOUNSEL:
A W Moynihan QC, with S J Bain, for the appellant
J J Allen with L D Reece for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent
MUIR JA: I agree that the appeal should be dismissed for the reasons given by Fraser JA.
FRASER JA: On 2 May 2014 the respondent was convicted on his pleas of…
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- Case
- [2014] QCA 276
- Decision Date
CaseChat Overview and Summary
The court considered the principles governing appeals against sentences, specifically focusing on the concept of manifest inadequacy. The court acknowledged that while it is within the discretion of the sentencing judge to determine the appropriate sentence, this discretion is not unfettered and may be subject to review if the sentence is found to be manifestly inadequate. The court examined the head sentence, the custodial period before parole eligibility, and the overall proportionality of the sentence in light of the severity of the offences committed. The court also assessed whether there were any errors in the sentencing process that warranted interference.
After careful consideration of the arguments presented, the court found that the sentence was not manifestly inadequate. The court held that the sentencing judge had appropriately exercised their discretion in determining the appropriate sentence, taking into account all relevant factors. The court also determined that there was no error in the sentencing process that would warrant interference. As a result, the appeal was dismissed, and the original sentence stood.
ORDERS:
The appeal was dismissed, and the original sentence of four and a half years imprisonment, with parole eligibility after 18 months, was upheld.
Orders
Orders of the court
Appeal 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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