R v Daley - [1999] QCA 332

99.332

COURT OF APPEAL
McPHERSON JA
THOMAS JA

DERRINGTON J

CA No 201 of 1999
THE QUEEN
v.

ASHLEY JOHN DALEY

BRISBANE
..DATE 18/08/99
180899 T02/AW20 M/T COA 196/99
DERRINGTON J: The appellant was 24 years of age when, on
the night of 17-18 November 1997, he committed a number of
offences. They were committed in two different events. In
the first he committed a house breaking and stealing from
premises, and in the second series of offences he committed
a burglary in the residence of the victim, upon whom he then
committed an assault occasioning grievous bodily harm with
intent to do grievous bodily harm. While escaping from that
incident he assaulted a person who came to that lady's
assistance.

In respect of the first two counts, that is the housebreaking and stealing, he was sentenced to one year and six months imprisonment and one year respectively. In respect of the other counts, that is the counts surrounding the charge of assault causing grievous bodily harm with intention to cause grievous bodily harm he was sentenced to four years imprisonment for the burglary, eight years imprisonment for the grievous bodily harm with intent and one year for the assault occasioning bodily harm.

In respect of the count of causing grievous bodily harm with intent he was also declared to be a serious violent offender. His appeal is now limited to the declaration that he was a serious violent offender in relation to that count.

He had previously been convicted in 1992 of dangerous
driving, in November of 1992 of unlawful assault and in June
180899 T02/AW20 M/T COA 196/99
of 1993 of possession of property suspected of being
unlawfully obtained.
The circumstances of the relevant offences, and it is
desirable to cover the entire relevant period, are these.
On the night of 17 November having accompanied three friends
to Magnetic Island and booked into a resort he and his
friends were drinking. That night between 8 p.m. and
midnight he gained entry into the room of other guests by
breaking through a screen covering a window. In that room
he stole backpacks, cameras, clothing and personal papers
belonging to the two female occupants.

At about 10 p.m., having consumed further alcohol, he and his friends drove to the Coconut Resort for more drinks. At that resort was a lady named Farragher who retired to her dwelling in the resort grounds at about 11 p.m. She was an employee there.

Just after midnight a Mr Chadwick, who was occupying another
residence in the resort, was awakened by a series of regular
banging noises coming from Miss Farragher's residence. He
investigated and was attacked by the appellant who had
emerged from Miss Farragher's residence making growling
sounds. Mr Chadwick was struck on the side of the face and
the side of the head causing swelling and tenderness. That
is the basis of the count of assault occasioning bodily
harm.
180899 T3/RB28 M/T COA196/99
The appellant fled and was said to be…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Daley

Details

AGLC: R v Daley [1999] QCA 332
Case: [1999] QCA 332
Decision Date: 18/08/1999

CaseChat Overview and Summary

In the Court of Appeal of Australia, the case of The Queen v Ashley John Daley was heard and decided. The appellant, Ashley John Daley, was convicted of various serious offences including housebreaking, stealing, burglary, and grievous bodily harm with intent, committed in two separate events. The central issue before the Court was whether the trial judge erred in declaring Daley to be a serious violent offender in relation to the count of grievous bodily harm with intent.

The Court examined the nature and circumstances of the grievous bodily harm offence, which involved a brutal attack on an unsuspecting victim in her home, leaving her with severe physical and psychological injuries. The Court noted that the attack appeared premeditated, given that Daley had brought a rock into the victim's residence to inflict the injuries. Additionally, the Court acknowledged that while Daley had a minor criminal history, his actions on the night in question were out of character and influenced by alcohol and drug consumption. Despite this, the Court held that the gravity of the offence warranted the declaration of a serious violent offence under the Penalties and Sentences Act.

The Court rejected Daley's arguments that he had been suffering from a head injury and periods of blackout, which he claimed affected his memory of the events. The Court found that there was insufficient evidence to support this claim and that Daley's behaviour after the incident was inconsistent with such an explanation. Consequently, the Court found no grounds to set aside the declaration that the offence was serious and violent.

The Court of Appeal dismissed Daley's appeal against the sentence, affirming that the trial judge's decision to declare the offence as serious and violent was correct and that the sentences imposed were appropriate given the nature of the crimes. The order was that the application for leave to appeal against sentence was dismissed.

Orders