R v Collins; ex parte - [2009] QCA 350

SUPREME COURT OF QUEENSLAND

CITATION:

R v Collins; ex parte A-G (Qld) [2009] QCA 350

PARTIES:

R
v
COLLINS, Jamie Wayne
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 235 of 2009
DC No 122 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

District Court at Hervey Bay

DELIVERED ON:

13 November 2009

DELIVERED AT:

Brisbane

HEARING DATE:

3 November 2009

JUDGES:

Keane and Holmes JJA and Fryberg J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEALS BY CROWN – EXERCISE OF DISCRETION – GENERALLY – where respondent convicted on own plea of one count of causing grievous bodily harm – where respondent sentenced to three years imprisonment and parole release date fixed at sentencing date – where injuries to three and a half month old baby complainant consistent with prolonged and repetitive shaking – where respondent complainant's father and 17 years old at time of offence – where appellant argued on appeal period of actual detention necessary – whether sentence imposed a proper sentence

Criminal Code 1899 (Qld), s 669A

R v FJ; ex parte A-G (Qld) [2005] QCA 15, distinguished
R v Irvine; ex parte Attorney-General (Qld) [1997] QCA 138, cited
R v KU & Ors; ex parte A-G (Qld)[2008] QCA 154, cited
R v Lacey; ex parte A-G (Qld) [2009] QCA 274, applied
R v Osmond; ex parte Attorney-General (Qld) [1987] 1 Qd R 429, cited
R v SAV; ex parte A-G (Qld) [2006] QCA 328, distinguished

COUNSEL:

A W Moynihan SC, with L P Brisick, for the appellant
M A Green for the respondent

SOLICITORS:

Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent

KEANE JA: On 2 September 2009 the respondent was convicted on his own plea of one count of causing grievous bodily harm. He was sentenced to three years imprisonment, and 2 September 2009, ie the day on which he was sentenced, was fixed as his parole release date.

The Honourable the Attorney-General appeals against that sentence pursuant to

s 669A(1) of the Criminal Code 1899 (Qld) on the ground that the sentence was inadequate and not a proper sentence.

Circumstances of the offence

In the early evening of 12 June 2006 the respondent inflicted grievous bodily harm on KWJ, a three and a half month old baby boy ("the child") who was his biological son. The mother of the child is KD with whom the respondent was living at a unit in Hervey Bay. KD was 16 years old. The respondent was 17 years old.

At about 6.00 pm the respondent took the child upstairs to put him to bed. The child's mother heard the baby crying. The crying stopped. The respondent then called out to her and she went to the foot of the stairs where she saw the respondent…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Collins; ex parte

Details

AGLC: R v Collins; ex parte [2009] QCA 350
Case: [2009] QCA 350
Decision Date: 13 November 2009

CaseChat Overview and Summary

The case before the court was an appeal by the Crown against the sentence imposed on the respondent, who had pleaded guilty to causing grievous bodily harm to a three and a half month old baby. The injuries sustained by the baby were consistent with prolonged and repetitive shaking. The respondent, who was the father of the baby at the time of the offence, was 17 years old when the crime was committed. The Crown argued that the sentence imposed was improper, and that a period of actual detention was necessary. The court was required to determine whether the sentence was appropriate given the nature of the offence and the circumstances surrounding the respondent.

The legal issue before the court was whether the sentence imposed on the respondent was proper in all the circumstances. The court had to consider the nature of the offence, the age of the respondent at the time of the offence, and the injuries sustained by the baby. The Crown argued that the sentence imposed was too lenient, and that a period of actual detention was necessary. The respondent argued that the sentence was appropriate given the circumstances of the case.

The court found that the sentence imposed on the respondent was appropriate in all the circumstances. The court considered the age of the respondent at the time of the offence, the nature of the offence, and the injuries sustained by the baby. The court found that the sentence imposed was sufficient to reflect the seriousness of the offence and to achieve the objectives of punishment, deterrence, and rehabilitation. The court dismissed the appeal by the Crown and affirmed the sentence imposed on the respondent.

Orders

Orders of the court

Appeal dismissed

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

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CITATION:	R v Collins; ex parte A-G (Qld) [2009] QCA 350
PARTIES:	R v COLLINS, Jamie Wayne (respondent) EX PARTE ATTORNEY-GENERAL OF QUEENSLAND (appellant)
FILE NO/S:	CA No 235 of 2009 DC No 122 of 2009
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Appeal by A-G (Qld)
ORIGINATING COURT:	District Court at Hervey Bay
DELIVERED ON:	13 November 2009
DELIVERED AT:	Brisbane
HEARING DATE:	3 November 2009
JUDGES:	Keane and Holmes JJA and Fryberg J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Appeal dismissed
CATCHWORDS:	CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEALS BY CROWN – EXERCISE OF DISCRETION – GENERALLY – where respondent convicted on own plea of one count of causing grievous bodily harm – where respondent sentenced to three years imprisonment and parole release date fixed at sentencing date – where injuries to three and a half month old baby complainant consistent with prolonged and repetitive shaking – where respondent complainant's father and 17 years old at time of offence – where appellant argued on appeal period of actual detention necessary – whether sentence imposed a proper sentence Criminal Code 1899 (Qld), s 669A R v FJ; ex parte A-G (Qld) [2005] QCA 15, distinguished R v Irvine; ex parte Attorney-General (Qld) [1997] QCA 138, cited R v KU & Ors; ex parte A-G (Qld)[2008] QCA 154, cited R v Lacey; ex parte A-G (Qld) [2009] QCA 274, applied R v Osmond; ex parte Attorney-General (Qld) [1987] 1 Qd R 429, cited R v SAV; ex parte A-G (Qld) [2006] QCA 328, distinguished
COUNSEL:	A W Moynihan SC, with L P Brisick, for the appellant M A Green for the respondent
SOLICITORS:	Director of Public Prosecutions (Queensland) for the appellant Legal Aid Queensland for the respondent