SUPREME COURT OF QUEENSLAND
CITATION:
R v Coleman [2015] QCA 176
PARTIES:
R
v
COLEMAN, William Alfred
(applicant)FILE NO/S:
CA No 79 of 2015
DC No 121 of 2015
DC No 559 of 2011DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at BrisbaneDELIVERED ON:
25 September 2015
DELIVERED AT:
Brisbane
HEARING DATE:
20 August 2015
JUDGE:
Fraser and Gotterson JJA and Ann Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave is granted.
2. Appeal is allowed.
3. Sentence imposed on 22 April 2015 in respect of Count 1 on Indictment 121 of 2015 is set aside.
4. In respect of Count 1 on Indictment 121 of 2015, order that the applicant be imprisoned for a period of three and a half years.
5. Direct that the term of three and a half years imprisonment is to be served cumulatively upon the sentence imposed on 18 October 2011.
6. Order that the date the applicant is eligible for parole be fixed at 16 September 2016.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of armed robbery – where the applicant committed the offence whilst on parole – where the applicant was still serving the head sentence of six years imprisonment for his previous conviction of armed robbery – where the applicant was sentenced to three years and six months imprisonment to be served cumulatively upon the sentence of six years imprisonment already being served – whether the learned sentencing judge failed to take into account the mitigating factors at the sentencing hearing – whether the cumulative sentence should have been further moderated – whether the parole eligibility date fixed at the two-thirds mark of the aggregate sentence was manifestly excessive – whether the learned sentencing judge erred in calculating the full time release date and in fixing the parole eligibility date – whether the cumulative sentence imposed by the learned sentencing judge was manifestly excessive
Corrective Services Act 2006 (Qld), s 184
Penalties and Sentences Act 1992 (Qld), s 9, s 156A, s 160C, Sch 1Director of Public Prosecutions v Grabovac [1998] 1 VR 664; (1997) 92 A Crim R 258, considered
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, considered
R v Apps[2008] QCA 326, distinguished
R v Beattie; Ex parte Attorney-General (Qld)[2014] QCA 206, considered
R v Brown[2000] QCA 402, considered
R v Kendrick[2015] QCA 27, followed
R v Kengike[2013] QCA 40, considered
R v Maxfield [2002] 1 Qd R 417; [2000] QCA 320, distinguished
R v Shillingsworth [2002] 1 Qd R 527; [2001] QCA 172, followedCOUNSEL:
C R Smith for the applicant
M T Whitbread for the respondentSOLICITORS:
Legal Aid Queensland for…
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- AGLC
- R v Coleman [2015] QCA 176
- Case
- [2015] QCA 176
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Appeal included whether the cumulative sentence imposed was manifestly excessive, whether the sentencing judge adequately considered mitigating factors, and whether the parole eligibility date was set too early. The Court considered whether the original sentence should be modified due to these concerns. The Court had to determine if the sentence imposed was disproportionate, whether the mitigating factors warranted a more lenient sentence, and if the parole eligibility date was appropriately calculated.
The Court of Appeal held that the sentence was manifestly excessive due to the failure to adequately consider mitigating factors and the inappropriateness of the parole eligibility date. The Court found that the sentencing judge did not properly assess the mitigating factors, and that the parole eligibility date was set too early. The Court concluded that the cumulative sentence should be reduced and the parole eligibility date should be adjusted accordingly. The Court allowed the appeal, set aside the original sentence, and imposed a new sentence of three and a half years to be served cumulatively with the existing sentence. The parole eligibility date was also adjusted to a later date.
The Court of Appeal granted the application for leave to appeal and allowed the appeal. The original sentence of three years and six months was set aside, and a new sentence of three and a half years was imposed, to be served cumulatively with the existing sentence. The date for parole eligibility was fixed at a later date, reflecting the Court's findings on the appropriateness of the original sentence and parole eligibility date.
Orders
Orders of the court
1. Application for leave is granted.
2. Appeal is allowed.
3. Sentence imposed on 22 April 2015 in respect of Count 1 on Indictment 121 of 2015 is set aside.
4. In respect of Count 1 on Indictment 121 of 2015, order that the applicant be imprisoned for a period of three and a half years.
5. Direct that the term of three and a half years imprisonment is to be served cumulatively upon the sentence imposed on 18 October 2011.
6. Order that the date the applicant is eligible for parole be fixed at 16 September 2016.
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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