SUPREME COURT OF QUEENSLAND
CITATION:
R v Farkas [2023] QCA 84
PARTIES:
R
v
FARKAS, Ferenc
(applicant)FILE NO/S:
CA No 55 of 2023
DC No 223 of 2023
DC No 541 of 2023DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane – Date of Sentence: 21 March 2023 (Kefford DCJ)
DELIVERED ON:
2 May 2023
DELIVERED AT:
Brisbane
HEARING DATE:
19 April 2023
JUDGES:
Dalton and Flanagan JJA and Crow J
ORDER:
Application for leave to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant pleaded guilty to one count of dangerous operation of a vehicle causing death while adversely affected by an intoxicating substance – where the applicant pleaded guilty to one charge of driving while under the influence with respect to driving of a motor vehicle – where the applicant was sentenced to a period of five years’ imprisonment – where the sentence was suspended after serving six months imprisonment – where the sentence had an operational period of five years – where the applicant agreed to drive himself and his wife to a service station under the influence of alcohol – where the applicant drove erratically and ran through an intersection before veering off road and crashing head-on into a tree – where the applicant’s wife suffered critical injuries and died days later – where the applicant’s blood alcohol content was recorded at 0.170 per cent after the crash – where the applicant seeks leave to appeal against the sentence on the ground that the sentencing judge erred in finding the assessment of the nature and seriousness of the applicant’s driving was not required because it constituted labelling – where the applicant seeks leave to appeal on the ground that the sentencing judge erred in not reducing “the general deterrence” in the circumstances because of the applicant’s extra-curial punishment – where the applicant seeks leave to appeal on the ground that the sentence was manifestly excessive – whether the assessment of the nature and seriousness of the applicant’s driving was required – whether the general deterrence component of the sentence should have been reduced – whether the sentence was manifestly excessive
R v Blackaby[2010] QCA 84, considered
R v Chmieluk; Ex parte Attorney-General (Qld) (2018) 86 MVR 164; [2018] QCA 271, cited
R v Evans[2005] QCA 455, considered
R v Hoad (2005) 43 MVR 475; [2005] QCA 92, considered
R v Maher[2012] QCA 7, cited
R v Middleton[2021] QCA 288, considered
R v Thomas (2015) 69 MVR 521; [2015] QCA 20, considered
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, citedCOUNSEL:
M J Jackson for the applicant
E L Kelso for the respondentSOLICITORS:
Clarity Law for the applicant
Director of Public Prosecutions (Queensland) for the respondent
DALTON JA: I agree with the order…
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- AGLC
- R v Farkas [2023] QCA 84
- Case
- [2023] QCA 84
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the sentencing judge erred in not assessing the nature and seriousness of the applicant's driving, whether the general deterrence component of the sentence should have been reduced considering the applicant's extra-curial punishment, and whether the sentence was manifestly excessive. The applicant argued that the sentencing judge should have assessed the nature and seriousness of the driving, the general deterrence component should have been reduced, and the overall sentence was manifestly excessive.
The court determined that the sentencing judge did not err in finding that an assessment of the nature and seriousness of the applicant's driving was not required as it constituted labelling. The court found that the sentence was not manifestly excessive, and the general deterrence component should not have been reduced. The court concluded that the sentence reflected the gravity of the offence and the need for deterrence and rehabilitation. The court refused the application for leave to appeal against the sentence.
Orders
Orders of the court
Application for leave 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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