R v. Eastwell

[2007] QCA 272

SUPREME COURT OF QUEENSLAND

CITATION:

R v Eastwell [2007] QCA 272

PARTIES:

R
v
EASTWELL, Justin Paul
(applicant)

FILE NO/S:

CA No 131 of 2007
DC No 163 of 2007
DC No 212 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Ipswich

DELIVERED EX TEMPORE ON:

20 August 2007

DELIVERED AT:

Brisbane

HEARING DATE:

20 August 2007

JUDGES:

Holmes JA, Wilson J and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where the applicant pleaded guilty to offences associated with domestic violence against his wife – where the applicant is a repeat offender – where the applicant sought to rely on post-sentence material on the appeal – whether the sentence was manifestly excessive

R v George [2006] QCA 1; CA No 222 of 2005, cited
R v Johnson[2002] QCA 283; CA No 143 of 2002, cited
R v Warwick [2006] QCA 83; CA No 339 of 2005, cited

COUNSEL:

The applicant appeared on his own behalf
D Meredith for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

WILSON J:  This is an application for leave to appeal against sentence.  The applicant was convicted on his own pleas of guilty of the following offences:  assault occasioning bodily harm on a date between 26 and 30 September 2006; wilful damage on 29 September 2006 and breach of a domestic violence order on 29 September 2006.

He was dealt with in the District Court at Ipswich on 17 May 2007.  The sentencing Judge imposed a head sentence of
12 months cumulative on 12 months activated suspended sentence.  She set the parole release date as 14 May 2008.

The applicant was born on 3 April 1976, so that he was aged 30 at the time of the offences and 31 at sentence.

The offences were committed against his estranged wife.  They had been separated for about 15 to 18 months.  Both of them had been seeing someone else but they had been trying to reconcile. 

He stayed overnight at her house on 28 September and the next morning borrowed her car to go to work.  He had work done on the car during the day without her permission.  When he returned home there was an argument.  On the Crown case, the argument was over the work having been done on the car without her permission.  On his case, the argument was over her finding a condom in his wallet.

He went into the bathroom and had a shower.  He became angry, grabbed the shower screen and shook it until it fell apart, punching it, causing it to break but not fall out of the…