SUPREME COURT OF QUEENSLAND
CITATION:
R v Chitty; Ex parte Attorney-General (Qld) [2021] QCA 2
PARTIES:
R
v
CHITTY, Luke Daniel
(respondent)
EX PARTE
ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 183 of 2020
DC No 2719 of 2020DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by Attorney-General (Qld)
ORIGINATING COURT:
District Court at Cairns – Date of Sentence: 12 August 2020 (Morzone QC DCJ)
DELIVERED ON:
19 January 2021
DELIVERED AT:
Brisbane
HEARING DATE:
18 November 2020
JUDGES:
Morrison JA and Boddice and Henry JJ
ORDERS:
1. The appeal be allowed.
2. The sentence below be set aside, to the extent that the respondent’s parole release date be fixed at 19 September 2021.
3. The sentence below otherwise be confirmed.
4. Order that a Warrant issue for the arrest of the respondent, to lie in the Registry for seven days.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the respondent pleaded guilty to one count of grievous bodily harm – where the respondent was sentenced to two and a half years’ imprisonment, with an immediate parole release date – where the Attorney-General appeals the sentence on the ground that it was manifestly inadequate given the respondent was not required to immediately serve actual imprisonment – whether the sentence imposed failed to address the relevant sentencing principles of deterrence, denunciation and the protection of the community – whether the sentence was manifestly inadequate
R v Amituanai (1995) 78 A Crim R 588; [1995] QCA 80, cited
R v Bryan; Ex parte Attorney-General (Qld) (2003) 137 A Crim R 489; [2003] QCA 18, cited
R v Ford[2011] QCA 208, cited
R v Iese[2017] QCA 68, cited
R v Levy & Drobney; Ex parte Attorney-General (Qld) (2014) 244 A Crim R 296; [2014] QCA 205, cited
R v Tupou; Ex parte Attorney-General (Qld)[2005] QCA 179, citedCOUNSEL:
C W Heaton QC for the appellant
M J Copley QC for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent
MORRISON JA: I have read the reasons of Boddice J and agree with those reasons and the orders his Honour proposes.
BODDICE J: On 12 August 2020, the respondent was convicted, on his own plea of guilty, of one offence of grievous bodily harm. He was sentenced to two and half years' imprisonment, with an immediate parole release date of 12 August 2020.
The Attorney-General appeals that sentence on the ground it was manifestly inadequate. The inadequacy is said to arise as a consequence of the imposition of a sentence which did not require the respondent to immediately serve actual imprisonment.
At issue, is whether the sentence imposed failed to address the relevant sentencing principles of deterrence, denunciation and the protection of the community and, as a consequence, was manifestly inadequate.
Background
The respondent was born…
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- AGLC
- R v Chitty; Ex parte [2021] QCA 2
- Case
- [2021] QCA 2
- Decision Date
CaseChat Overview and Summary
The court examined the circumstances of the offence, the respondent's criminal history, and the principles of sentencing. The respondent had a prior conviction for affray at the age of 18, which resulted in probation and community service. The grievous bodily harm offence involved a confrontational situation in a restaurant, but there was no indication of a hostile confrontation or serious physical interaction between the parties. The court considered the sentencing principles, including the need to deter the respondent and others from committing similar offences, to denounce the conduct, and to protect the community.
The court found that the sentence imposed did not adequately address the relevant sentencing principles, particularly in terms of deterrence and denunciation. The immediate parole release date did not sufficiently reflect the seriousness of the offence or the need to protect the community. Consequently, the court determined that the sentence was manifestly inadequate. The appeal was allowed, and the sentence was set aside with respect to the parole release date, which was fixed at 19 September 2021. The sentence was otherwise confirmed, and a warrant for the respondent's arrest was issued.
Orders
Orders of the court
1. The appeal be allowed.
2. The sentence below be set aside, to the extent that the respondent’s parole release date be fixed at 19 September 2021.
3. The sentence below otherwise be confirmed.
4. Order that a Warrant issue for the arrest of the respondent, to lie in the Registry for seven days.
Background
Background to the litigation
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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