SUPREME COURT OF QUEENSLAND
CITATION:
R v Corcoran [2004] QCA 441
PARTIES:
R
v
CORCORAN, Anthony Scott
(applicant)FILE NO/S:
CA No 313 of 2004
SC No 531 of 2004DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED EX TEMPORE ON:
17 November 2004
DELIVERED AT:
Brisbane
HEARING DATE:
17 November 2004
JUDGES:
McMurdo P, Jerrard JA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence refused
CATCHWORDS:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CHARACTER OF OFFENCE – GENERALLY – applicant pleaded guilty to one count of manslaughter, one count of common assault, one count of assault occasioning bodily harm and one count of wilful damage – applicant 23 years old at time of offences – involved in course of conduct involving threatening members of his family and his neighbours with two knives and stabbing of his father in law – sentenced to nine years imprisonment and offence of manslaughter declared serious violent offence – whether combination of head sentence and declaration made sentence manifestly excessive
Penalties & Sentences Act 1992 (Qld), Pt 9A
R v Bojovic [2000] 2 Qd R 183, cited
R v De Salvo (2002) 127 A Crim R 229, cited
R v MP [2004] QCA 170; CA No 42 of 2004, 20 May 2004, cited
R v Stepto [2002] QCA 10; CA No 220 of 2001, 4 February 2002, citedCOUNSEL:
A J Moynihan for the applicant
D Meredith for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
THE PRESIDENT: The applicant, Mr Corcoran, pleaded guilty to one count of manslaughter (count 1), one count of common assault (count 2), one count of assault occasioning bodily harm (count 3) and one count of wilful damage (count 4). He was sentenced to nine years imprisonment for the offence of manslaughter and a declaration was made that he was convicted of a serious violent offence under Pt 9A, Penalties and Sentences Act 1992 (Qld) ("the Act"). A further declaration was made under s 161 of the Act that 598 days spent in pre-sentence custody were deemed time already served under the sentence. He was sentenced to lesser concurrent terms of imprisonment in respect of the remaining offences. He contends that the sentence imposed was manifestly excessive, particularly in the light of the declaration under Pt 9A of the Act.
Mr Corcoran was 25 years old at sentence and 23 at the time of the offence. He has a significant criminal history. In 1997, he was placed on three years probation and ordered to perform 240 hours community service for an assortment of property offences, including house breaking, stealing, unlawful use of a motor vehicle for the purpose of facilitating the commission of an indictable offence, unlawful use…
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- AGLC
- R v Corcoran [2004] QCA 441
- Case
- [2004] QCA 441
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the sentence imposed by the trial judge was manifestly excessive, taking into account the factors relevant to sentencing. The applicant contended that the head sentence of nine years, coupled with the declaration of the manslaughter offence as a serious violent offence, resulted in a sentence that was disproportionately severe given the applicant's age, the circumstances of the offences, and the lack of any prior convictions. The court had to balance these factors against the gravity of the offences and the need for punishment and deterrence.
The court reviewed the trial judge's reasons and the principles of sentencing as outlined in relevant case law. The court found that the trial judge had appropriately considered the relevant factors, including the nature and circumstances of the offences, the applicant's age, and the lack of prior convictions. The court held that the sentence was not manifestly excessive, as it reflected the seriousness of the offences and the need to protect the community. The court also noted that the declaration of the manslaughter offence as a serious violent offence was a necessary measure to ensure the applicant would be subject to appropriate monitoring and rehabilitation programs.
Accordingly, the court refused the application for leave to appeal against the sentence. The court found that the sentence imposed was appropriate and did not exceed the bounds of what could be considered a just and proportionate response to the applicant's criminal conduct. The declaration of the manslaughter offence as a serious violent offence was also upheld as a necessary measure to ensure the applicant's continued supervision and rehabilitation.
Orders
Orders of the court
Application for leave to appeal against sentence refused
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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