R v Dietz

Case [2009] QCA 392


SUPREME COURT OF QUEENSLAND

CITATION:

R v Dietz [2009] QCA 392

PARTIES:

R
v
DIETZ, Benjamin James
(applicant)

FILE NO/S:

CA No 234 of 2009
DC No 123 of 2009
DC No 124 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Hervey Bay

DELIVERED ON:

18 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

2 December 2009

JUDGES:

McMurdo P, Muir JA and Daubney J
Separate reasons for judgment of each member of the Court, Muir JA and Daubney J concurring as to the order made, McMurdo P dissenting

ORDER:

Application for leave to appeal is dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – the applicant was convicted after a trial of one count of doing grievous bodily harm and pleaded guilty to one count of assault and doing bodily harm – the applicant punched the complainant who then hit his head on the bitumen – the complainant suffered dreadful injuries and has ongoing physical and psychological difficulties – the applicant comes from a supportive family, has no prior criminal history and high rehabilitative prospects – the applicant was sentenced for the offence of grievous bodily harm to six years imprisonment with parole eligibility after serving half that period – whether the judge gave insufficient weight to the applicant's age, prior good history and rehabilitative prospects – whether the sentence was manifestly excessive  

R v Amituanai (1995) 78 A Crim R 588; [1995] QCA 80, considered
R v Bryan; ex parte A-G (Qld) (2003) 137 A Crim R 489; [2003] QCA 18, considered
R v Dillon; ex parte A-G (Qld)[2006] QCA 521, cited
R v Fisher (2008) 189 A Crim R 16; [2008] QCA 307, considered
R v Horne [2005] QCA 218, cited
R v Kinersen-Smith & Connor; ex parte A-G (Qld)[2009] QCA 153, cited
R v Madden [2005] QCA 439, considered
R v Mladenovic; ex parte A-G (Qld)[2006] QCA 176, cited
R v Tupou; ex parte A-G (Qld)[2005] QCA 179, considered

COUNSEL:

M A Green for the applicant
M B Lehane for the respondent

SOLICITORS:

Milburn Guttridge Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. McMURDO P:  The applicant, Benjamin James Dietz, was convicted after a four day trial of doing grievous bodily harm on 1 December 2007 at Hervey Bay.  He pleaded guilty to a related offence of assault occasioning bodily harm, committed earlier on the evening of 1 December 2007 at Hervey Bay.  Dietz was sentenced for the offence of grievous bodily harm to six years imprisonment with parole eligibility on 2 September 2012, that is, after serving half that period; and for the offence of assault occasioning bodily harm to a concurrent 12 month term of imprisonment.  He applies for leave to appeal against his sentence only in respect of the grievous bodily harm offence, claiming that it…

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Details
AGLC
R v Dietz [2009] QCA 392
Case
[2009] QCA 392
Decision Date

CaseChat Overview and Summary

The applicant in this case was convicted following a trial for one count of causing grievous bodily harm and pleaded guilty to one count of assault and causing bodily harm. The applicant punched the complainant, causing him to hit his head on the bitumen and suffer severe injuries, with ongoing physical and psychological difficulties. The applicant, coming from a supportive family, has no prior criminal history and possesses high rehabilitative prospects. The sentencing judge imposed a sentence of six years imprisonment with parole eligibility after serving half that period for the grievous bodily harm offence. The applicant appealed against the sentence, arguing that the judge gave insufficient weight to his age, prior good history, and rehabilitative prospects, and that the sentence was manifestly excessive.

The court was required to determine whether the sentence imposed by the judge was manifestly excessive or inadequate, taking into account the principles of proportionality and individual circumstances. The applicant contended that the judge did not adequately consider his age, prior good history, and rehabilitative prospects, which warranted a lesser sentence. The court considered the severity of the injuries inflicted on the complainant, the circumstances of the offence, and the applicant's background. The court found that the judge had appropriately considered the applicant's circumstances and that the sentence was not manifestly excessive. The court held that the sentence was proportionate to the seriousness of the offence, taking into account the need for general and specific deterrence.

The court dismissed the application for leave to appeal. The sentencing judge had appropriately weighed the relevant factors and imposed a sentence that was proportionate to the offence. The court was satisfied that the sentence was not manifestly excessive or inadequate, and therefore dismissed the application for leave to appeal. This decision underscores the importance of considering both the severity of the offence and the individual circumstances of the offender when determining an appropriate sentence.

Orders

Orders of the court

Application for leave to appeal is dismissed

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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