R v Dean

[2006] QCA 256

SUPREME COURT OF QUEENSLAND

CITATION:

R v Dean [2006] QCA 256

PARTIES:

R
v
DEAN, Robert Kevin
(applicant/appellant)

FILE NO/S:

CA No 88 of 2006
DC No 1802 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

14 July 2006

DELIVERED AT:

Brisbane

HEARING DATE:

14 July 2006

JUDGES:

Williams JA, Jerrard JA and Holmes JA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.  Leave to appeal granted
2.  Allow the appeal to the extent of reducing the period of disqualification from four years to three years

CATCHWORDS:

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - where the appellant was found guilty of dangerous operation of a motor vehicle and sentenced to nine months imprisonment, suspended after one month, for an operational period of 12 months – the appellant was also disqualified from holding a driver’s licence for a period of four years – the offence involved the appellant driving an unregistered vehicle dangerously whilst trying to avoid police – whether the disqualification for four years was excessive considering the offence in question, the applicant’s traffic history and his family circumstances

Penalties and Sentences Act 1992 (Qld), s 187, s 187(1)(b)
Transport Operations Road Use Management Act 1995 (Qld),
s 86(3), s 131(2)

R v Bagust [2003] QCA 385; CA No 182 of 2003, 3 September 2003, considered
R v Bawden [2004] QCA 285; CA No 59 of 2004, 6 August 2004, considered
R v Bolton [2000] QCA 175; CA No 40 of 2000, 11 May 2000, considered
R v Cunningham [2005] QCA 321; CA No 145 of 2005, 29 August 2005, distinguished
R v Fanning [2005] QCA 267; CA No 132 of 2005, 1 August 2005, considered

COUNSEL:

R A East for the applicant/appellant
M J Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent

WILLIAMS JA:  The applicant was convicted on 23 March 2006 after a trial of the offence, that on 25 June 2004 he operated a motor vehicle dangerously.  He was sentenced to nine months imprisonment, suspended after one month, for an operational period of 12 months and disqualified from holding or obtaining a driver's licence for a period of four years.  He seeks leave to appeal only against that part of the sentence relating to the disqualification. 

The circumstances of the offence were particularly serious.  The applicant was driving an unregistered vehicle which he had fitted with registration plates from another vehicle.  At about 10 am on the day in question, he drove dangerously in an effort to avoid police interest in his vehicle. 

After the lights and siren of the police vehicle were put on, the applicant accelerated, travelled at about 10 kilometres per hour…