R v Evans

[2005] QCA 455

SUPREME COURT OF QUEENSLAND

CITATION:	R v Evans [2005] QCA 455
PARTIES:	R v EVANS, Melissa Jane (applicant)
FILE NO/S:	CA No 238 of 2005 DC No 401 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING  COURT:	District Court at Beenleigh
DELIVERED EX
TEMPORE ON:	8 December 2005
DELIVERED AT:	Brisbane
HEARING DATE:	8 December 2005
JUDGES:	de Jersey CJ, Williams JA and White J Separate reasons for judgment of each member of the court, each concurring as to the order made
ORDER:	Application for leave to appeal against sentence refused
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 – WHEN REFUSED – where the applicant pleaded guilty to dangerous operation of a motor vehicle causing death with a circumstance of aggravation in respect of alcohol – where the applicant was sentenced to six years’ imprisonment with a recommendation for eligibility for post- prison community-based release after two and a half years, and was disqualified from holding a driver’s licence for five years – where the applicant returned a blood alcohol reading of .247 – where the driving conditions were favourable and the vehicle was unregistered, uninsured and had a flat left rear tyre – where the applicant had a past conviction for driving under the influence of alcohol – where the applicant was a single mother of six children – where the applicant demonstrated remorse and cooperated with the authorities – whether the sentence was manifestly excessive
R v Ibrahim [2003] QCA 386; (2003) 40 MVR 183, considered R v McKinnon [1999] QCA 075; CA No 356 of 1998, 17 March 1999, considered R v Smout [2005] QCA 120; CA No 31 of 2005, 15 April 2005, considered R v Wilde; ex parte A-G (Qld) [2002] QCA 501; (2002) 135 A Crim R 538, distinguished
COUNSEL:	T E Mossop for the applicant M J Copley for the respondent
SOLICITORS:	Smith & Associates for the applicant Director of Public Prosecutions (Queensland) for the respondent

THE CHIEF JUSTICE: The applicant was sentenced in the District Court to a six year term of imprisonment with a recommendation for eligibility for post prison community based release after two and a-half years for the offence of dangerous operation of a motor vehicle causing death with a circumstance of aggravation in respect of alcohol. She was disqualified from holding a driver's licence for five years. She was also dealt with for a number of summary offences including driving while under the influence of liquor for which she was sentenced to a concurrent 12 month term.

She had pleaded guilty. She seeks leave to appeal against the sentence of six years with a recommendation after two and a- half years. Ms Mossop, her counsel, submitted that a recommendation should have been made for eligibility after 12 to 18 months, not after two and a-half years.

On 11th…