SUPREME COURT OF QUEENSLAND
CITATION:
R v Dancey [2013] QCA 135
PARTIES:
R
v
DANCEY, Bane Nelson
(applicant)FILE NO/S:
CA No 339 of 2012
DC No 356 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
31 May 2013
DELIVERED AT:
Brisbane
HEARING DATE:
1 May 2013
JUDGES:
Muir JA and Philippides and Ann Lyons JJ
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 pleaded guilty in the District Court to one count of doing grievous bodily harm – where he was sentenced to five years imprisonment to be served cumulatively on a current sentence with a parole eligibility date fixed after 16 months – where the applicant engaged in an unprovoked and deliberate attack in a private home – where the attack was not premeditated – where the applicant was 34 at the time of the offending and had a criminal history that included previous violent offences – where the applicant was assessed as a high risk of reoffending – where the applicant fled after the attack and did not show remorse – where there were strong factors of public and personal deterrence – where the applicant contended that the sentence imposed should have had greater moderation as it was being served cumulatively on an existing sentence – whether the sentence imposed was manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 160C(5)
R v Assurson (2007) 174 A Crim R 78; [2007] QCA 273, cited
R v Bryan; ex parte Attorney-General (Qld) (2003) 137 A Crim R 489; [2003] QCA 18, considered
R vJohnston[2004] QCA 12, considered
R v King & Morgan; ex parte Attorney-General (Qld) (2002) 134 A Crim R 215; [2002] QCA 376, cited
R v McDougall and Collas [2007] 2 Qd R 87; [2006] QCA 365, cited
R v Thomason;ex parte A-G (Qld) [2011] QCA 9, consideredCOUNSEL:
The applicant appeared on his own behalf
T A Fuller SC for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MUIR JA: I agree that the application should be refused for the reasons given by Ann Lyons J.
PHILIPPIDES J: I agree with the judgment of Ann Lyons J and with the order proposed.
ANN LYONS J: The applicant seeks leave to appeal a sentence which was imposed by the District Court in Ipswich on 19 November 2012. The applicant was charged with one count of unlawfully doing grievous bodily harm on 16 November 2011.
The sentence imposed was five years imprisonment, which was to be cumulative on a current sentence which had a full time release date of 25 April 2013. The applicant…
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- R v Dancey [2013] QCA 135
- Case
- [2013] QCA 135
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the sentence imposed was manifestly excessive or inadequate, thereby warranting interference by the appeals court. The applicant argued that the sentence should have had greater moderation as it was being served cumulatively on an existing sentence. The court considered the nature and circumstances of the offence, the applicant's criminal history, and the principles of deterrence and rehabilitation in determining the appropriate sentence.
The court found that the sentence was not manifestly excessive. It noted the unprovoked and deliberate nature of the attack, the applicant's criminal history, and the high risk of reoffending. The court also considered the strong factors of public and personal deterrence. The court concluded that the sentence imposed was appropriate and did not warrant interference by the appeals court.
No further orders were made by the court, and 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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