| IN THE COURT OF APPEAL | [1995] QCA 567 |
| SUPREME COURT OF QUEENSLAND |
C.A. No. 395 of 1995
Brisbane
[Conquest ex parte AG]
T H E Q U E E N
v.
LINCOLN PATRICK CONQUEST
Respondent
ATTORNEY-GENERAL OF QUEENSLAND
Appellant
Macrossan CJ McPherson JA Thomas J
Judgment delivered 19 December 1995
Joint reasons by McPherson JA and Thomas J; Macrossan CJ dissenting
APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE GRANTED. APPEAL ALLOWED. SET ASIDE SENTENCE OF TWO YEARS IMPOSED BELOW AND IN LIEU THEREOF IMPOSE A SENTENCE OF THREE YEARS, WITH DISQUALIFICATION FROM OBTAINING OR HOLDING A DRIVERS LICENCE FOR FIVE YEARS
CATCHWORDS:CRIMINAL LAW - Attorney-General appeal against sentence - dangerous driving causing death - level of sentencing - relevance of harm to victims - other factors increasing seriousness - young offender - Crown Prosecutor below conceding sentence of "about 2½ years" appropriate - whether appropriate to substitute higher sentence on Attorney-General's appeal - danger in generalisation of "normal range".
Counsel: | Mr D. Bullock for the Appellant Mr T. Glynn for the Respondent |
| Solicitors: | Director of Public Prosecutions for the Appellant Legal Aid Office for the Respondent |
Hearing Date: 17 November 1995
REASONS FOR JUDGMENT - THE CHIEF JUSTICE
Judgment delivered 19/12/1995
This is an Attorney-General's appeal against sentence following a conviction on a charge of dangerous driving causing the death of one person and grievous bodily harm to two others. A sentence of two years imprisonment was imposed. In respect of an associated count of unlawful use of a motor vehicle the respondent was sentenced to six months imprisonment, that sentence to be concurrent. He was also disqualified from holding or obtaining a driver's licence for a period of five years.
The road accident with the serious consequences mentioned occurred in Browns Plains Road, Marsden, on 25 July 1994.
The respondent was seventeen years old at the date of the offence and eighteen when sentenced. He was alone in the car he was driving and he was aware that it was being driven without the consent of its owner. He pleaded guilty to the charge of unlawful use but on the major charge he was found guilty only after a trial. He did not give evidence at the trial but he had been interviewed by the police and his version of events was, with some exclusions thought to be appropriate, placed before the jury and it was of course available to the sentencing judge.
The respondent was, on 25 July 1994, an unlicensed driver and he was also subject to a probation order for a stealing offence which had been dealt with on 17 June 1994.
The episode of dangerous driving occurred shortly after 10pm on a fine clear night in conditions of visibility which were described as being fair. The respondent was driving in an easterly direction on Browns Plains Road and there was a group of five young people walking along the side of the same road in a westerly direction. Three of the group formed what could…
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- [1995] QCA 567
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