SUPREME COURT OF QUEENSLAND
CITATION:
R v Craske [2002] QCA 49
PARTIES:
R
v
CRASKE, Luke Anthony
(applicant)FILE NO/S:
CA No 11 of 2002
DC No 424 of 2001DIVISION:
Court of Appeal
PROCEEDING:
Application for leave to appeal against Sentence
ORIGINATING COURT:
District Court at Maroochydore
DELIVERED ON:
1 March 2002
DELIVERED AT:
Brisbane
HEARING DATE:
20 February 2002
JUDGES:
McMurdo P, Thomas and Williams JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made.ORDER:
Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – OTHER OFFENCES AGAINST THE PERSON – ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM – SENTENCING – where applicant sentenced to 18 months imprisonment suspended after serving 4 months with an operational period of 2 years, for an offence of occasioning grievous bodily harm – whether the learned trial judge erred in considering himself constrained by authority to require the applicant to actually serve some time in custody.
CRIMINAL LAW – JURISDICTION PRACTICE AND PROCEDURE – JUDGEMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – FACTUAL BASIS FOR SENTENCE – PARTICULAR CASES – where the applicant had earlier been severely provoked by the complainant and kicked the complainant in the head after the complainant had fallen on the ground - R v Cuff distinguished. Application for leave to appeal against sentence refused.
R v Bennet & Anor [1999] QCA 46; CA No 443 & 449 of 1998, 26 February 1999, considered
R v Camm [1999] QCA 101; CA No 431 of 1998, 1 April 1999, considered
R v Cuff; ex-parte Attorney-General of Queensland [2001] QCA 351; CA No 151 of 2001, 22 August 2001, distinguished
R v Dodd [1998] QCA 323; CA No 241 of 1998, 17 September 1998, considered
R v Sharpe [1995] QCA 37; CA No 476 of 1994, 21 February 1995, considered
R v Walsh & Sayer & Thompson; ex-parte Attorney-General of Queensland [1998] QCA 217; CA No’s 158,159 & 160 of 1998, 28 July 1998, considered
COUNSEL:
A W Moynihan for the applicant
C Heaton for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MCMURDO P: I agree with the reasons for judgment of Williams JA and with the order proposed.
THOMAS JA: I agree.
WILLIAMS JA: This is an application for leave to appeal against a sentence of 18 months imprisonment, suspended after serving 4 months, with an operational period of 2 years, for an offence of occasioning grievous bodily harm. Counsel for the applicant did not challenge the imposition of a head sentence of 18 months, but submitted that in all the circumstances of this case the sentence, taken as a whole, was manifestly excessive because the mitigating factors warranted suspending the whole of the sentence of imprisonment. By the time the matter came…
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- R v Craske [2002] QCA 49
- Case
- [2002] QCA 49
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing, particularly in relation to offences against the person. It noted that while the provocation and the nature of the act were significant, they were not sufficient to entirely mitigate the severity of the offence. The court also considered the necessity of deterrence and the protection of the community, which weighed in favour of some form of custodial sentence. The applicant's argument that the trial judge was constrained by authority to impose a custodial sentence was rejected, as the court found that the judge had adequately considered the relevant factors and exercised his discretion appropriately. Consequently, the application for leave to appeal against the sentence was 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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