SUPREME COURT OF QUEENSLAND
CITATION:
R v Dawson [2007] QCA 343
PARTIES:
R
v
DAWSON, Mark Anthony
(applicant/appellant)FILE NO/S:
CA No 173 of 2007
DC No 293 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Southport
DELIVERED EX TEMPORE ON:
16 October 2007DELIVERED AT:
Brisbane
HEARING DATE:
16 October 2007
JUDGES:
McMurdo P Dutney and Douglas JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Leave to appeal granted
2. Appeal allowed
3. The sentence imposed below is set aside and substituted with a head sentence of four and a half years imprisonment
4. The new sentence is suspended after 18 months imprisonment served for an operational period of 5 years
5. The declaration as to time served is maintained
6. The applicant's release date is 12 December 2007CATCHWORDS:
CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – where the applicant was convicted on one count of break, enter and steal, one count of fraud, thirteen counts of burglary and stealing, one count of burglary, one count of attempted burglary, one count of attempted burglary by breaking and one count of burglary in the night and sentenced to a head sentence of six years imprisonment – where parole date fixed at 12 April 2008 –where value of property stolen was unspecified and did not effect sentence – whether the sentence was manifestly excessive
R v Faramus [1999] QCA 167; CA No 30 of 1999, 11 May 1999, distinguished
R v Bryant [2007] QCA 247; CA No 77 of 2007, 3 August 2007, appliedR v Anderson [1995] QCA 100; CA No 11 of 1995, 14 March 1995, distinguished
COUNSEL:
T Moynihan S C for the applicant
M J Copley for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
THE PRESIDENT: Justice Dutney will deliver his reasons first.
DUTNEY J: On 4 July 2007 the applicant pleaded guilty to a total of 19 charges. One count of break, enter and steal and one count of fraud were committed on 16 September 1998. The remaining charges related to the period between 5 May 2006 and 9 June 2006 and comprised 13 counts of burglary and stealing, one count of burglary, one count of attempted burglary, one count of attempted burglary by breaking and one count of burglary in the night. The applicant was sentenced to an effective period of six years' imprisonment with a parole eligibility date fixed at 12 April 2008. If released on the parole eligibility date the applicant will have served a total of 22 months' imprisonment after taking into account 387 days spent on remand for these offences.
The applicant was born on 26 November 1964 and is 42 years of age. The 1998 offences involved entering the Eagle Junction State School by breaking a classroom window and…
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- AGLC
- R v Dawson [2007] QCA 343
- Case
- [2007] QCA 343
- Decision Date
CaseChat Overview and Summary
The court considered the nature and extent of the offences, the appellant's criminal history, and the overall impact on the community. The court found that while the crimes were serious, the length of the original sentence was indeed excessive. The court also took into account the appellant's early guilty plea and potential for rehabilitation. Given these factors, the court determined that a more proportionate sentence would be appropriate.
Accordingly, the court granted leave to appeal and allowed the appeal. The original sentence was set aside, and a new sentence of four and a half years imprisonment was imposed, suspended after 18 months. The appellant's release date was adjusted to 12 December 2007. The court maintained the declaration regarding time already served and set the operational period of the new sentence to five years.
Orders
Orders of the court
1. Leave to appeal granted
2. Appeal allowed
3. The sentence imposed below is set aside and substituted with a head sentence of four and a half years imprisonment
4. The new sentence is suspended after 18 months imprisonment served for an operational period of 5 years
5. The declaration as to time served is maintained
6. The applicant's release date is 12 December 2007
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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