SUPREME COURT OF QUEENSLAND
CITATION:
R v Eveleigh [2002] QCA 219
PARTIES:
R
v
EVELEIGH, Allan John
(applicant)FILE NO/S:
CA No 356 of 2001
DC No 3207 of 2001DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
21 June 2002
DELIVERED AT:
Brisbane
HEARING DATE:
8 April 2002
JUDGES:
McMurdo P, Fryberg and Mullins JJ
Separate reasons for judgment of each member of the Court; Fryberg and Mullins JJ concurring as to the orders made, McMurdo P dissenting in part.ORDERS:
1. Subject to paragraph (2), application for leave to appeal against sentence dismissed
2. Leave granted for both parties to make further submissions in writing within seven days regarding whether a declaration as to the operation of s 135(2) of the Corrective Services Act 2000 should be made
CATCHWORDS:
CRIMINAL LAW – Judgment and Punishment – Sentence – Factors to be taken into account – Totality – Sentences for several offences – Where serious violent offence declaration made under s 161B(3) Penalties and Sentences Act 1992 – Whether declaration made sentence manifestly excessive
CRIMINAL LAW – Judgment and Punishment – Non-parole period or minimum term – Queensland – Where applicant serving four terms of imprisonment – Where one offence declared to be a serious violent offence – Where trial judge made no recommendation for post-prison community based release – Interpretation of s 135(2) Corrective Services Act 2000
Corrective Services Act 2000 (Qld), s 134, s 135(2)
Penalties and Sentences Act 1992 (Qld), s 3, s 9, s 13, s 157, s 161BR v Bird and Schipper [2000] QCA 94, considered
R v Bojovic [2000] 2 Qd R 183, applied
R v Booth [2001] 1 Qd R 393, considered
R v B; ex parte Attorney-General [2000] QCA 110, considered
R v Bui [2002] QCA 151, considered
R v Collins [2000] 1 Qd R 45, considered
R v Crossley (1999) A Crim R 80, considered
R v Daphney [1999] QCA 69, considered
R v DeSalvo [2002] QCA 63, considered
R v Hardie [1999] QCA 352, considered
R v Herford [2001] QCA 177, considered
R v Irving [2001] QCA 472, considered
R v Jones [2000] QCA 84, considered
R v Keating [2002] QCA 19, considered
R v Lovell [1999] 2 Qd R 79, considered
R v Lund [2000] QCA 85, considered
R v McCartney [1999] QCA 238, considered
R v Moore; ex parte Attorney-General [2002] QCA 116, considered
R v Newcombe and Middleton [1999] QCA 408, considered
R v Palmer [2000] QCA 15, considered
R v Shillingsworth [2002] 1 Qd R 527, applied
R v Stinton [1999] QCA 15, considered
R v Taylor and Napatali; ex parte Attorney-General (1999) 106 A Crim R 578, considered
R v Vanderwerff [1999] QCA 169, considered
COUNSEL:
J R Hunter for the applicant
D L Meredith for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions…
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- AGLC
- R v Eveleigh [2002] QCA 219
- Case
- [2002] QCA 219
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive given the seriousness of the offence, the declaration of the offence as a serious violent offence, and the absence of a recommendation for post-prison community-based release by the trial judge. The court was also required to consider the appropriate interpretation of section 135(2) of the Corrective Services Act 2000 in the context of the applicant’s multiple terms of imprisonment.
The court examined the principles of sentencing, particularly focusing on the totality principle and the need for a sentence to reflect the gravity of the offence. The court noted that the trial judge had taken into account the serious nature of the offence and the need for punishment and deterrence. However, the court found that while the sentence was severe, it was not manifestly excessive, taking into account the nature of the offences and the need to protect the community. The court further deliberated on the interpretation of section 135(2) of the Corrective Services Act 2000, which governs the imposition of multiple sentences, and concluded that the trial judge's approach was consistent with the statutory provisions. The court decided that leave to appeal against the sentence should be dismissed but allowed both parties to make further written submissions regarding the operation of section 135(2).
Orders
Orders of the court
1. Subject to paragraph (2), application for leave to appeal against sentence dismissed
2. Leave granted for both parties to make further submissions in writing within seven days regarding whether a declaration as to the operation of s 135(2) of the Corrective Services Act 2000 should be made
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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