SUPREME COURT OF QUEENSLAND
CITATION:
R v Ford [2011] QCA 208
PARTIES:
R
v
FORD, Damien Robert James
(applicant)FILE NO/S:
CA No 40 of 2011
DC No 307 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
26 August 2011
DELIVERED AT:
Brisbane
HEARING DATE:
10 August 2011
JUDGES:
Margaret McMurdo P, Muir JA and Boddice J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to assault occasioning bodily harm (count 1) and grievous bodily harm (count 2) – where the applicant was sentenced to nine months imprisonment on count 1 and six years imprisonment on count 2 with parole recommendation fixed after 2 years – where the grievous bodily harm was inflicted by a single punch – where the complainant suffered grave injuries – where the applicant contended the primary judge failed to give proper recognition to the applicant's remorse, youth, lack of criminal history and prospects of rehabilitation – whether the sentence was manifestly excessive
R v Amituanai (1995) 78 A Crim R 588; [1995] QCA 80, cited
R v Bryan; ex parte A-G (Qld) (2003) 137 A Crim R 489; [2003] QCA 18, cited
R v Dietz [2009] QCA 392, considered
R v Kinersen-Smith & Connor; ex parte A-G (Qld) [2009] QCA 153, considered
R v Kirkby [2001] QCA 37, cited
R v Parker [2011] QCA 198, cited
R v Thomason; ex parte A-G (Qld)[2011] QCA 9, consideredCOUNSEL:
M F McMillan (sol) for the applicant
M B Lehane for the respondentSOLICITORS:
McMillan Criminal Law for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant, Damien Robert James Ford, pleaded guilty at the Southport District Court on 18 February 2011 to unlawfully assaulting Meghan Cormie Colivas and doing her bodily harm (count 1) and unlawfully doing grievous bodily harm to Samuel John Ford (count 2). It is not suggested the applicant and the male complainant are relatives. The applicant was sentenced on count 1 to nine months imprisonment and on count 2 to six years imprisonment with the parole recommendation date fixed at 18 February 2013, that is, after two years. He has applied for leave to appeal against his sentence on the grounds that it is manifestly excessive.
The applicant was only 18 years old at the time of the commission of the offences which both occurred on 10 October 2009. He had turned 19 by the time of his sentence. He had no criminal history.
It was common ground that the applicant was larger than the male complainant.
A few weeks beforehand, they were in a dispute at a party. They met up…
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- AGLC
- R v Ford [2011] QCA 208
- Case
- [2011] QCA 208
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the sentence was manifestly excessive or inadequate, considering the principles of proportionality and the need for punishment and deterrence. The applicant's arguments centred on the mitigating factors that should have warranted a lesser sentence. The court considered the severity of the injuries, the nature of the offence, and the impact on the victim. It also examined the applicant's background and the potential for rehabilitation, weighing these against the statutory guidelines and judicial precedents.
In its reasoning, the court found that while the mitigating factors presented by the applicant were significant, they did not outweigh the seriousness of the grievous bodily harm inflicted. The court held that the sentence imposed was proportionate to the gravity of the offences and took into account the relevant statutory objectives of punishment and deterrence. The court concluded that the sentence did not manifest any excessiveness or inadequacy, and therefore, the applicant's appeal against sentence was unsuccessful.
Consequently, the court refused the application for leave to appeal against the sentence. The original sentence of nine months imprisonment for the assault occasioning bodily harm and six years for the grievous bodily harm, with parole eligibility after two years, was upheld.
Orders
Orders of the court
Application for leave to appeal against sentence 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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