R v Cockfield

Case [2006] QCA 276


SUPREME COURT OF QUEENSLAND

CITATION:

R v Cockfield [2006] QCA 276

PARTIES:

R
v
COCKFIELD, Tristan Michael
(applicant/appellant)

FILE NO/S:

CA No 159 of 2006
DC No 2926 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

4 August 2006

DELIVERED AT:

Brisbane

HEARING DATE:

31 July 2006

JUDGES:

McMurdo P, Jerrard and Holmes JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.Application for leave to appeal against sentence granted   

2.Appeal allowed   

3. Set aside the sentence imposed on each count on 9 June 2006 and instead order on each count that the applicant serve a term of imprisonment of two years suspended after serving three months with an operational period of two years  

CATCHWORDS:

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN GRANTED - GENERALLY - where applicant pleaded guilty to one count of burglary and one count of armed robbery in company with personal violence - where applicant undertook under s 13A Penalties and Sentences Act 1992 (Qld) to co-operate with police in implicating and giving evidence against his co-offenders at trial - where applicant was sentenced to three and a half years imprisonment suspended after six months with an operational period of three and a half years - where sentencing judge noted sentence which would have been imposed but for applicant's s 13A undertaking to co-operate before instead of after sentencing and so did not strictly comply with s 13A(7) - where applicant claims that sentence is manifestly excessive - whether applicant's sentence was manifestly excessive given applicant's s 13A co-operation - whether sentencing process miscarried as a result of failure to comply with s 13A(7)

Penalties and Sentences Act 1992 (Qld), s 13A

R v Abednego [2004] QCA 377; CA No 248 of 2004, 12 October 2004, considered

R v Bower-Miles & Smith [1995] QCA 453; CA No 278 and CA No 279 of 1995, 14 September 1995, considered

R v Perks & Jaggard [1997] QCA 312; CA No 256 and CA No 264 of 1997, 29 August 1997, considered

R v Salmon;  ex parte A-G (Qld) [2002] QCA 262; CA No 155 of 2002, 25 July 2002, considered

R v Webber (2000) 114 A Crim R 381; [2000] QCA 316; CA No 436 of 1999, 8 August 2000, followed

COUNSEL:

J A Griffin QC, with P F Mylne, for applicant/appellant
M J Copley for respondent

SOLICITORS:

Grasso Searles Romano for applicant/appellant
Director of Public Prosecutions (Queensland) for respondent

  1. McMURDO P:  The applicant pleaded guilty on 9 June 2006 to one count of burglary and one count of armed robbery in company with personal violence.  He was sentenced to three and a half years imprisonment suspended after six months with an operational period of three and a half…

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Details
AGLC
R v Cockfield [2006] QCA 276
Case
[2006] QCA 276
Decision Date

CaseChat Overview and Summary

The appeal in R v Cockfield concerns the sentence imposed on the applicant following his guilty pleas to charges of burglary and armed robbery. The applicant had undertaken to cooperate with the police under section 13A of the Penalties and Sentences Act 1992 (Qld) by implicating and providing evidence against his co-offenders. Despite this cooperation, the sentencing judge imposed a sentence of three and a half years imprisonment, suspended after six months, with an operational period of three and a half years. The applicant contends that this sentence is manifestly excessive and that the sentencing process miscarried due to the judge's failure to comply with section 13A(7) of the Act.

The primary legal issues before the court were whether the sentence was manifestly excessive, given the applicant's cooperation under section 13A, and whether the sentencing process was flawed due to the judge's procedural error. The court had to consider the extent to which the applicant's cooperation should mitigate his sentence and assess the impact of the procedural error on the overall fairness of the sentencing process. The court examined relevant authorities, including R v Abednego, R v Bower-Miles & Smith, R v Perks & Jaggard, R v Salmon; ex parte A-G (Qld), and R v Webber, to determine the appropriate course of action.

The court found that the sentence imposed was indeed manifestly excessive, taking into account the applicant's cooperation under section 13A. The court also acknowledged the procedural error in not following the required sentencing process under section 13A(7). Consequently, the court allowed the appeal, set aside the original sentence, and ordered a new sentence of two years imprisonment, suspended after three months, with an operational period of two years on each count. This decision ensures that the applicant's cooperation is appropriately reflected in the sentencing outcome and that the procedural requirements of the Act are adhered to.

Orders

Orders of the court

1.Application for leave to appeal against sentence granted

2.Appeal allowed

3. Set aside the sentence imposed on each count on 9 June 2006 and instead order on each count that the applicant serve a term of imprisonment of two years suspended after serving three months with an operational period of two years

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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