SUPREME COURT OF QUEENSLAND
CITATION:
R v Forrester [2008] QCA 12
PARTIES:
R
v
FORRESTER, Bill Donald
(applicant/appellant)
FILE NO/S:
CA No 287 of 2007
DC No 416 of 2007
DC No 425 of 2007
DC No 518 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Cairns
DELIVERED ON:
8 February 2008
DELIVERED AT:
Brisbane
HEARING DATE:
5 February 2008
JUDGES:
Keane, Holmes and Fraser JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:
1. Application for leave to appeal against sentences imposed for burglary and indecent assault granted
2. Set aside the sentence of 3 years and 6 months imprisonment in respect of the burglary and indecent assault convictions and sentence the applicant in lieu to 3 years and 6 months imprisonment with a parole eligibility date fixed for 18 February 2008
3. Application for leave to appeal against other sentences dismissed
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 GRANTED - GENERALLY
CRIMINAL LAW - JURISDICTION PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – FACTUAL BASIS FOR SENTENCE – SENTENCE TO BE OF AND RELATED TO OFFENCE – where the applicant harassed the complainant using a mobile telephone – where the applicant was not charged with making harassing phone calls – where the sentencing judge considered the evidence of the phone calls as an aggravating circumstance in sentencing – whether evidence of the applicant’s harassment formed part of the offences of which he was convicted
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 – GENERALLY – whether the sentencing judge erred in exercising the sentencing discretion – whether the sentence imposed was manifestly excessive
Criminal Code Act 1995 (Cth), s 474.17
Corrective Services Act (Qld), s 184(2)
Penalties and Sentences Act 1992 (Qld), s 189, s 160D
AB v The Queen (1999) 198 CLR 111, followed
R v Baker (Unreported, Supreme Court of Queensland, Court of Criminal Appeal, Ryan, de Jersey and Cooper JJ, 8 August 1991), considered
R v Billy [1997] QCA 290, considered
R v D [1995] QCA 329, followed
R v Johnson [2007] QCA 433, followed
R v Sagiba (Unreported, Supreme Court of Queensland, Court of Appeal, McMurdo P, Thomas JA and Williams J, 5 November 1999), considered
COUNSEL:
The applicant appeared on his own behalf
D Holliday for the respondent
SOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions for the respondent
KEANE JA: I agree with the reasons of Fraser JA and with the orders proposed by his Honour.
HOLMES JA: I agree with the reasons of Fraser JA and the…
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- AGLC
- R v Forrester [2008] QCA 12
- Case
- [2008] QCA 12
- Decision Date
CaseChat Overview and Summary
The legal issues in this case were whether the evidence of the applicant's harassment formed part of the offences of which he was convicted and whether the sentencing judge erred in exercising the sentencing discretion. The applicant argued that the sentencing judge should not have considered the evidence of the phone calls as an aggravating circumstance in sentencing, as he was not charged with making harassing phone calls. The applicant also argued that the sentence imposed was manifestly excessive.
The court held that the evidence of the applicant's harassment did not form part of the offences of which he was convicted, as he was not charged with making harassing phone calls. However, the court found that the sentencing judge did not err in exercising the sentencing discretion. The court further found that the sentence imposed was not manifestly excessive. The application for leave to appeal against sentences imposed for burglary and indecent assault was granted, and the sentence was set aside and replaced with a sentence of 3 years and 6 months imprisonment with a parole eligibility date fixed for 18 February 2008. The application for leave to appeal against other sentences was dismissed.
Orders
Orders of the court
1. Application for leave to appeal against sentences imposed for burglary and indecent assault granted
2. Set aside the sentence of 3 years and 6 months imprisonment in respect of the burglary and indecent assault convictions and sentence the applicant in lieu to 3 years and 6 months imprisonment with a parole eligibility date fixed for 18 February 2008
3. Application for leave to appeal against other sentences dismissed
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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