R v. Clewes

[2008] QCA 46

SUPREME COURT OF QUEENSLAND

CITATION:

R v Clewes [2008] QCA 46

PARTIES:

R
v
CLEWES, Terry
(applicant/ appellant)

FILE NO/S:

CA No 242 of 2007
DC No 100 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

District Court at Mt Isa

DELIVERED ON:

7 March 2008

DELIVERED AT:

Brisbane

HEARING DATE:

21 February 2008

JUDGES:

Keane and Holmes JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.    Appeal against conviction dismissed

2.    Application for leave to appeal against sentence dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW  TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL –where appellant argues he was not given sufficient opportunity to present his account at trial – where appellant attempts to put a more favourable account of events on appeal

CRIMINAL LAW –  PARTICULAR OFFENCES – where appellant convicted of deprivation of liberty – where appellant restrained and confined wife in her unit – where appellant prevented wife from telephoning police

CRIMINAL LAW – APPEAL AND NEW  TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – where appellant had a relevant criminal history – whether appellant’s sentence of 308 days for deprivation of liberty manifestly excessive

COUNSEL:

The applicant/appellant appeared on his own behalf
S G Bain for the respondent

SOLICITORS:

The applicant/appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. KEANE JA: I agree with the reasons of Holmes JA and with the orders proposed by her Honour.

1. HOLMES JA:  Mr Clewes appeals against conviction and sentence.  After a trial on one count of assault occasioning bodily harm and one of deprivation of liberty, he was acquitted of the former and convicted of the latter.  He did not articulate any recognisable grounds of appeal but complained that he was not given sufficient opportunity either in his police record of interview or at trial to present his account.  No ground at all was specified in relation to the application for leave to appeal against sentence.

The appeal against conviction

1. The complainant in relation to both counts was the appellant’s wife.  She gave evidence that from about 10.00 pm on the evening of 21 December 2005 until about 9.00 am the following morning the appellant had restrained her and confined her in her unit.  In particular, she said, every time she tried to use the telephone the appellant would take her arms and make her sit on the sofa and refused to allow her to use the telephone to ring the police.  In the morning she had managed to get outside her unit but the appellant had pulled her back inside and said he would not let her go to the police.

1. The appellant was interviewed by police officers on 22 December 2005.  He said he had been endeavouring to persuade his wife to discuss any problems with him.  At one stage she…