SUPREME COURT OF QUEENSLAND
CITATION:
R v Francis [2014] QCA 258
PARTIES:
R
v
FRANCIS, Russell Brett William
(appellant/applicant)FILE NO/S:
CA No 208 of 2013
DC No 322 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
14 October 2014
DELIVERED AT:
Brisbane
HEARING DATE:
3 June 2014
JUDGES:
Margaret McMurdo P and Muir JA and Dalton J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
The appeal against conviction is dismissed.1.
The application to adduce further evidence is refused.2.
The application for leave to appeal against sentence is granted.3.
The appeal against sentence is allowed.4.
The sentence imposed at first instance is vacated and instead the appellant is sentenced to three and a half years imprisonment with parole eligibility on 8 November 2014.5.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the appellant was in a de facto relationship for 28 years – where the appellant and his partner separated – where the appellant's former partner began dating another man – where the appellant confronted the new boyfriend and threatened to "blow up" his mother's house – where the appellant and the new boyfriend had a physical altercation – where the car belonging to the new boyfriend's mother was set alight – where the appellant attended hospital soon after, but did not wait to see a doctor – where police arrested the appellant later that night – where the appellant suffered burns to his hands and nose – where methanol based fuel was found in the appellant's car – where the appellant was convicted of arson of a motor vehicle – whether the appeal against conviction should be allowed
CRIMINAL LAW – EVIDENCE – GENERALLY – OTHER MATTERS – where the appellant applied to adduce further evidence – where the appellant sought to admit evidence by way of an affidavit of his former partner – where the evidence in the affidavit was not directly inconsistent with the evidence given by the appellant's former partner at trial – whether leave to adduce further evidence should be allowed
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was convicted of arson of a motor vehicle – where the appellant was sentenced to four years imprisonment with parole eligibility after 18 months – where the appellant's counsel contended that the sentence was manifestly excessive for an arson of a vehicle rather than arson of a house – whether the sentence imposed was manifestly excessive
Gallagher v The Queen (1986) 160 CLR 392; [1986] HCA 26, cited
Mickelberg v The Queen (1989) 167 CLR 259; [1989] HCA 35, cited
R v Cramond[1999] QCA 11, cited
R v Gwilliams[2008] QCA 40, cited
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- R v Francis [2014] QCA 258
- Case
- [2014] QCA 258
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address were whether the jury's verdict was unreasonable or insupportable, whether the appellant could adduce further evidence, and whether the sentence imposed was manifestly excessive. The court concluded that the jury's verdict was not unreasonable or insupportable, as the evidence was sufficient to convict the appellant beyond reasonable doubt. The court also found that the appellant's application to adduce further evidence should be refused, as it did not demonstrate a significant or real possibility of acquittal. However, the court allowed the appeal against sentence, finding the sentence of four years imprisonment with parole eligibility after 18 months to be manifestly excessive for an arson of a vehicle rather than arson of a house.
The court considered the appellant's limited criminal history, his lack of remorse, and the seriousness of the offence. The court also took into account the comparable sentences for arson of a valuable car or a house. The court concluded that the sentence imposed at first instance was manifestly excessive, and therefore vacated the sentence. The appellant was instead sentenced to three and a half years imprisonment with parole eligibility on 8 November 2014. The appeal against conviction was dismissed, and the application to adduce further evidence was refused.
Orders
Orders of the court
The appeal against conviction is dismissed.1.
The application to adduce further evidence is refused.2.
The application for leave to appeal against sentence is granted.3.
The appeal against sentence is allowed.4.
The sentence imposed at first instance is vacated and instead the appellant is sentenced to three and a half years imprisonment with parole eligibility on 8 November 2014.5.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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