SUPREME COURT OF QUEENSLAND
CITATION:
R v Dell [2016] QCA 257
PARTIES:
R
v
DELL, Glenn Charles
(appellant/applicant)FILE NO/S:
CA No 266 of 2015
CA No 306 of 2015
DC No 120 of 2015
DC No 411 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Ipswich – Date of Conviction: 16 October 2015; Date of Sentence: 9 December 2015
DELIVERED ON:
14 October 2016
DELIVERED AT:
Brisbane
HEARING DATE:
15 June 2016
JUDGES:
Holmes CJ and Philippides JA and Peter Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The appeal against conviction is dismissed.
2. The application to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was convicted of one count of carrying dangerous goods in a vehicle and one count of grievous bodily harm – where the Crown case on the grievous bodily harm count was that the appellant was criminally responsible under s 289 of the Criminal Code, having left in a public place a golf ball filled with explosives, which caused serious injury to a teenager in whose hands it exploded – where the appellant appeals against the grievous bodily harm conviction on the ground that is unreasonable – where the appellant contends that there was insufficient evidence to prove that he was responsible for the production or deposit of the golf ball – where the appellant contends that there existed reasonable possibilities that the device was made by a witness or by his co-accused, without his involvement – whether the verdict was unreasonable
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – where the appellant was convicted by a jury of one count of carrying dangerous goods in a vehicle and one count of grievous bodily harm – where the appellant pleaded guilty to two further counts of carrying dangerous goods and one count of unlawful deposition of explosives – where the appellant was sentenced to four and a half years imprisonment with parole eligibility after two years in respect of the grievous bodily harm count – where the appellant seeks leave to appeal against that sentence on the grounds that it is manifestly excessive – whether the sentence was manifestly excessive
Criminal Code (Qld), s 289
R v Betts[2011] QCA 244, cited
R v Clark (2007) 171 A Crim R 532; [2007] QCA 168, cited
R v Wing[2007] QCA 138, citedCOUNSEL:
The appellant/applicant appeared on his own behalf
C N Marco for the respondentSOLICITORS:
The appellant/applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
HOLMES CJ: The appellant went to trial on three counts of carrying dangerous goods in a vehicle and one count of grievous bodily harm. (He had pleaded guilty to…
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- AGLC
- R v Dell [2016] QCA 257
- Case
- [2016] QCA 257
- Decision Date
CaseChat Overview and Summary
The court found that the evidence was sufficient to support the verdict of the jury that the appellant was responsible for the production or deposit of the golf ball. The court held that the appellant's argument that there existed reasonable possibilities that the device was made by a witness or by his co-accused, without his involvement, did not undermine the verdict. The court found that the verdict was not unreasonable or incapable of being supported by the evidence. The court also found that the sentence of four and a half years imprisonment with parole eligibility after two years was not manifestly excessive.
Accordingly, the appeal against conviction was dismissed, and the application to appeal against sentence was refused. The court found that the jury's verdict was supported by the evidence and that the sentence was not manifestly excessive. The orders of the court were that the appeal against conviction was dismissed and the application to appeal against sentence was refused.
Orders
Orders of the court
1. The appeal against conviction is dismissed.
2. The application to appeal against sentence is 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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