R v Collier

[2003] QCA 314

SUPREME COURT OF QUEENSLAND

CITATION:	R v Collier [2003] QCA 314
PARTIES:	R v COLLIER, Steven Michael (applicant)
FILE NO/S:	CA No 236 of 2003 DC No 8 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING  COURT:	District Court at Warwick
DELIVERED EX	24 July 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	24 July 2003
JUDGES:	de Jersey CJ, Mackenzie and Helman JJ Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application refused
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 REFUSED – PARTICULAR OFFENCES – OTHER OFFENCES – where applicant convicted of dangerous driving with circumstance of aggravation – where sentenced to 3 months imprisonment followed by 12 months probation – where applicant claimed sentence was manifestly excessive – whether excessive having regard to comparable cases
COUNSEL:	M Johnson for the applicant M Copley for the respondent
SOLICITORS:	Gudkovs Power Osborne for the applicant Director of Public Prosecutions (Queensland) for the respondent

MACKENZIE J: This is the judgment in the matter of the Queen against Steven Michael Collier. The applicant, who was 18 at the time of the offence, pleaded guilty to dangerous driving

with a circumstance of aggravation that he was adversely
affected by alcohol. When breath tested soon after the

incident, he had 0.163 per cent alcohol in his blood. He was sentenced to three months imprisonment, followed by 12 months probation.	10
The offence occurred in Warwick on the 14th of June 2003 at
about 11 p.m. His only previous offences were for obstructing
police about 10 months previously and common assault about six
months previously. Police on patrol saw the applicant driving	20
a vehicle which belonged to a friend without headlights illuminated. The police activated the warning lights on their vehicle.
The applicant accelerated away with the police car following	30
about 30 metres behind over the distance of about two
kilometres before the vehicle came to rest when the applicant voluntarily pulled over. The applicant drove at speeds of up to 90 kilometres per hour in a 50 kilometre zone, turned
corners at inappropriate speeds, spun the wheels when	40
cornering and caused the vehicle to fishtail on one occasion that was observed.
His driving caused one motorist to take evasive action during
this period. The applicant also activated indicators on his	50

vehicle, but turned in a different direction to that indicated on more than one occasion. On one occasion, he approached a set of red traffic lights showing red against him. Instead of turning, as he had indicated, he went straight ahead, almost colliding with another police car which was turning at the intersection with its flashing lights activated. Shortly after that, the applicant stopped the vehicle and gave himself up. He was alone in the vehicle.	2	60
10

He pleaded guilty…