R v Cobb

Case [2016] QCA 333


SUPREME COURT OF QUEENSLAND

CITATION:

R v Cobb [2016] QCA 333

PARTIES:

R
v
COBB, Glen Douglas
(applicant)

FILE NO/S:

CA No 207 of 2016
SC No 939 of 2015
SC No 997 of 2015

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 5 July 2016

DELIVERED ON:

13 December 2016

DELIVERED AT:

Brisbane

HEARING DATE:

29 November 2016

JUDGES:

Holmes CJ and Philip McMurdo JA and Ann Lyons 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 – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was charged with one count of attempted murder and, in the alternative, one count of causing grievous bodily harm with intent – where, prior to trial, the Crown rejected the applicant’s offer to plead guilty to the alternative charge – where upon arraignment the applicant pleaded not guilty to both offences but offered to plead guilty to causing grievous bodily harm – where the Crown did not accept that plea in discharge of the indictment – where, after trial, a jury convicted the applicant on the alternative charge of causing grievous bodily harm with intent – where the sentencing judge referred to “unguarded admissions” made by the applicant in the form of a Christmas card to the victim apologising for his actions and a letter to the judge – where the applicant was sentenced to eight years’ imprisonment with a serious violent offence declaration – where the applicant contends the sentence is manifestly excessive and the sentencing judge did not give sufficient weight to the mitigating factor of the applicant’s remorse – whether the sentence is manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 15

Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2, applied
R v Amery
[2011] QCA 383, considered
R v Clark; ex parte Attorney-General
[1999] QCA 438, cited
R v Kilic [2016] HCA 48, cited
R v Laing[2008] QCA 317, considered
R v Lyon
[2006] QCA 146, considered
R v Marshall [1995] 1 Qd R 673; [1994] QCA 161, cited
R v McDougall and Collas [2007] 2 Qd R 87; [2006] QCA 365, considered
R v Piper
[2015] QCA 129, considered
R v Selby[2013] QCA 261, considered

COUNSEL:

S M Ryan QC for the applicant
D R Kinsella for the respondent

SOLICITORS:

Mulcahy Ryan Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. HOLMES CJ:  I agree with the reasons of Philip McMurdo JA and the order he proposes.

  2. PHILIP McMURDO JA:  In late 2014 the applicant struck his estranged wife in the head with a baseball bat, fracturing her skull and causing life‑threatening head and brain injuries.  He and the complainant had separated although they…

Continue reading R v Cobb

Sign in free to access the full text

Details
AGLC
R v Cobb [2016] QCA 333
Case
[2016] QCA 333
Decision Date

CaseChat Overview and Summary

In the matter of R v Cobb, the applicant was convicted by a jury of causing grievous bodily harm with intent. The applicant had initially been charged with attempted murder and, in the alternative, causing grievous bodily harm with intent. The Crown rejected the applicant’s offer to plead guilty to the alternative charge prior to trial, and the applicant was sentenced to eight years' imprisonment with a serious violent offence declaration. The applicant contends that the sentence is manifestly excessive and that the sentencing judge did not give sufficient weight to the mitigating factor of the applicant’s remorse.

The primary legal issue for the court to determine was whether the sentence imposed was manifestly excessive. This involved assessing whether the sentence imposed was so disproportionate to the offence that it shocked the conscience of the court. The court also needed to determine if the sentencing judge appropriately considered the mitigating factor of the applicant’s remorse, as evidenced by the Christmas card to the victim and a letter to the judge. The applicant argued that the sentence was manifestly excessive because the sentencing judge did not adequately account for the mitigating factor of remorse.

The court considered the nature of the offence and the sentencing principles applicable. It noted that the offence involved a significant degree of violence but acknowledged the applicant’s remorse as a mitigating factor. However, the court found that the sentence was within the range of sentences that could be imposed for the offence, taking into account all the circumstances, including the seriousness of the offence and the need for deterrence. The court held that the sentencing judge had given appropriate weight to the mitigating factor of the applicant’s remorse and concluded that the sentence was not manifestly excessive. Therefore, the application for leave to appeal against sentence was refused.

The court ordered that the application for leave to appeal against sentence was to be refused. The sentence of eight years’ imprisonment with a serious violent offence declaration was upheld.

Orders

Orders of the court

Application for leave to appeal against sentence refused.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.