SUPREME COURT OF QUEENSLAND
CITATION:
R v Cox [2011] QCA 277
PARTIES:
R
v
COX, James Malcolm
(appellant)FILE NO/S:
CA No 327 of 2010
DC No 85 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at SouthportDELIVERED ON:
11 October 2011
DELIVERED AT:
Brisbane
HEARING DATE:
4 October 2011
JUDGES:
Fraser JA, Margaret Wilson AJA and McMeekin 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 – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was sentenced on his pleas of guilty to a head sentence of seven years imprisonment for four counts of rape and two counts of assault occasioning bodily harm – where the applicant was formerly in a relationship with the complainant – whether the sentence imposed was manifestly excessive
R v B [1996] QCA 76, cited
R v Faifuaina[2004] QCA 262, cited
R v M[2003] QCA 451, cited
R v Hunt [1994] QCA 440, cited
R v Hutchinson[2010] QCA 22, considered
R v McIlvaney[1997] QCA 16, considered
R v Shaw and Haslett [1995] QCA 294, cited
R v Stirling[1996] QCA 342, considered
R v Taiters[2001] QCA 324, considered
R v West [2007] QCA 347, cited
R v Williams[2002] QCA 211, considered
Siganto v The Queen (1998) 194 CLR 656; [1998] HCA 74, consideredCOUNSEL:
P E Smith, with K M Hillard, for the applicant
V A Loury for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of McMeekin J and the order proposed by his Honour.
MARGARET WILSON AJA: The application for leave to appeal against sentence should be dismissed.
I agree with the reasons for judgment of McMeekin J, subject only to this comment.
The sentencing judge recognised that the plea of guilty was particularly significant in that it saved the complainant from the trauma of giving evidence, and she made allowance for it both in fixing the head sentence and in fixing the parole eligibility date. The resulting sentence was accordingly more generous to the applicant than would have been warranted by the objective facts of the offending alone.
McMEEKIN J: The applicant seeks leave to appeal against a sentence imposed on 10 December 2010 on the basis that it was manifestly excessive.
On 15 July 2010 the applicant pleaded guilty to two counts of assault occasioning bodily harm and four counts of rape, all of which occurred in the course of an attack on the complainant that occurred on 7 May 2009.
The learned sentencing judge sentenced the applicant to seven years imprisonment in respect of each count of rape and…
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- AGLC
- R v Cox [2011] QCA 277
- Case
- [2011] QCA 277
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the sentence imposed by the trial judge was manifestly excessive or inadequate. The applicant argued that the sentence was disproportionate given the circumstances of the case, including the fact that the offences were committed in the context of a former relationship and that he had pleaded guilty. The prosecution, on the other hand, contended that the sentence was appropriate and reflected the seriousness of the crimes committed.
The court considered the principles governing appeals against sentence, emphasising that interference with a sentence is only warranted if it is manifestly excessive or inadequate. The court examined the totality of the offending, the principles of sentencing, and the circumstances of the case. After careful consideration, the court found that the sentence was not manifestly excessive. The court concluded that the sentence was within the range of sentences that could be considered appropriate for the offences committed, taking into account all relevant factors. The application for leave to appeal against the sentence was therefore refused.
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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