R v Cockburn

[2002] QCA 461

SUPREME COURT OF QUEENSLAND

CITATION:

R v Cockburn [2002] QCA 461

PARTIES:

R
v
COCKBURN, Paul
(applicant)

FILE NO/S:

CA No 259 of 2002
DC No 88 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Rockhampton

DELIVERED EXTEMPORE ON:

31 October 2002

DELIVERED AT:

Brisbane

HEARING DATE:

31 October 2002

JUDGES:

de Jersey CJ, McPherson JA and Mullins J
Separate reasons for judgment for each member of the court, each concurring as to the order made

ORDER:

The application is refused

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES –DRIVING OFFENCES – OTHER OFFENCES – where applicant pleaded guilty to dangerous operation of a motor vehicle with the circumstance of aggravation that he was adversely affect by alcohol – where applicant sentenced to  2 years nine months’ imprisonment, with a recommendation for post-prison community based release after 15 months and absolute disqualification from holding or obtaining a driver’s licence – where applicant subjected to partial activation of a four month suspended sentence –  whether the sentence was manifestly excessive

Criminal Code Queensland, s 328A(3)(b)

R v Whye [1997] QCA 320; CA No 234 of 1997, 17 July 1997, considered

COUNSEL:

The appellant appeared on his own behalf
M J Copley for the respondent

SOLICITORS:

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

THE CHIEF JUSTICE:  On the 17th of July 2002 the applicant pleaded guilty in the District Court at Rockhampton to the dangerous operation of a motor vehicle with the circumstance of aggravation that he was at the time adversely affected by alcohol.  He was sentenced to two years nine months' imprisonment with a recommendation for post-prison community based release after the serving of 15 months of that term.  He seeks leave to appeal against that sentence. 

He was at the time subjected to the partial activation of a four month suspended sentence which had been imposed on the 26th of November 2001 for breach of a domestic violence order.  He was ordered to serve two months of that suspended sentence cumulatively upon the two year nine months term, the subject of this application.  He was additionally disqualified absolutely from holding or obtaining a driver's licence.

The offence occurred late on Saturday afternoon.  A police officer saw the applicant within his vehicle on the Bruce Highway north of St Lawrence.  The applicant was alone.  The police officer illuminated the lights on his vehicle, whereupon the applicant sped off along the highway at speeds of up to 160 kilometres per hour. 

He twice crossed double white lines, apparently in an effort to get away.  On one of those occasions he was on the blind side of a hill.  The police followed him over approximately 50 kilometres. 

The applicant slowed down, but apparently when he saw the police cars coming towards him he suddenly stopped his vehicle, carried out a U-turn, and after travelling a further 100 metres or so drove onto the wrong side of the road and…