R v. Dawson - [2007] QCA 343

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 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED EX TEMPORE ON:

16 October 2007

DELIVERED 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 made

ORDER:

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

CATCHWORDS:

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, applied

R 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 respondent

SOLICITORS:

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…

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. Dawson

Details

AGLC: R v Dawson [2007] QCA 343
Case: [2007] QCA 343
Decision Date: 16 October 2007

CaseChat Overview and Summary

The appellant was convicted of multiple charges including burglary, theft, and fraud. The convictions led to a sentence of six years imprisonment with a parole date set for 12 April 2008. The appellant applied to the court for a reduction in sentence, arguing that the original sentence was manifestly excessive. The central legal issue was whether the sentence imposed was disproportionate to the crimes committed.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

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 2007
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Southport
DELIVERED EX TEMPORE ON:	16 October 2007
DELIVERED 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 made
ORDER:	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
CATCHWORDS:	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, applied R 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 respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent