R v Corry

[2006] QCA 203

SUPREME COURT OF QUEENSLAND

CITATION:

R v Corry [2006] QCA 203

PARTIES:

R
v
CORRY, Michael James
(appellant/applicant)

FILE NO/S:

CA No 263 of 2005
SC No 367 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

9 June 2006

DELIVERED AT:

Brisbane

HEARING DATE:

18 May 2006

JUDGES:

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

ORDER:

1. Appeal against conviction dismissed
2. Application for leave to appeal against sentence dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – where appellant was convicted of murder and sentenced to life imprisonment – where murder conviction was overturned and re-trial ordered – where applicant was acquitted of murder but convicted of manslaughter and sentenced to 17.5 years imprisonment with 980 days being declared as time already served – where appellant identified no particulars and advanced no argument in support of appeal against conviction – where Crown case that appellant killed the deceased was very strong – whether jury could reasonably reach verdict of guilty of manslaughter

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 – GENERALLY – where applicant showed no remorse – whether sentence imposed was within the range of sentencing judge’s discretion – whether sentence was manifestly excessive

Penalties and Sentences Act 1992 (Qld)

R v Auberson [1996] QCA 321, distinguished
R v Bates; R v Baker [2002] QCA 174; CA Nos 295 of 2001 and 329 of 2001, 17 May 2002, considered
R v Cowburn [1993] QCA 273, distinguished
R v Duncombe [2005] QCA 142; CA No 410 of 2004, 6 May 2005, considered
R v Miguel [1994] QCA 512, distinguished
R v Sanderson [2003] QCA 338; CA No 160 of 2003, 7 October 2003, considered
R v Smith [2000] QCA 169; CA No 409, 9 May 2000, distinguished

COUNSEL:

The appellant/applicant appeared on his own behalf
M J Copley appeared for the respondent

SOLICITORS:

The appellant/applicant appeared on his own behalf
Director of Public Prosecutions (Qld) for the respondent

1. JERRARD JA:  In this application I have read and respectfully agree with the reasons for judgment and order proposed by Keane JA. I adopt His Honour’s description of the relevant facts, and add these further reasons.  The jury’s verdict reflected their satisfaction beyond reasonable doubt that Mr Corry directly caused Mr Hingst’s death.  Mr Hingst suffered at least 14 significant wounds.  Some of those were consistent with being caused by a meat cleaver, some were consistent with being caused by a knife, and some were consistent with being caused by either.  Those significant wounds were to his right elbow, right shoulder,…