R v French Summary | CaseChat AU

SUPREME COURT OF QUEENSLAND

CITATION:

R v French [2004] QCA 125

PARTIES:

R
v
FRENCH, David John
(applicant)

FILE NO/S:

CA No 7 of 2004
DC No 1893 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

22 April 2004

DELIVERED AT:

Brisbane

HEARING DATE:

22 April 2004

JUDGES:

de Jersey CJ, Jerrard JA and Holmes J
Judgment of the Court

ORDER:

Application dismissed

CATCHWORDS:

APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant did not attend – where application dismissed

COUNSEL:

No appearance for the applicant
M J Copley for the respondent

SOLICITORS:

No appearance for the applicant
Director of Public Prosecutions (Queensland) for the respondent

THE CHIEF JUSTICE: In this case, Mr French was in contact with the Registrar this morning, Mr Greig, and informed Mr Greig that he would not be attending here today.

Mr Greig offered to raise the possibility of the matter's being adjourned and, specifically, to its being adjourned to be listed during the Court of Appeal sittings later in the year in Townsville, where Mr French is currently located, but Mr French declined that offer.

In the circumstances we will dismiss the application.

‑‑‑‑‑

CaseChat Overview and Summary

The matter of R v French involved an appeal against the sentence imposed on the applicant by the County Court. The applicant, who had been convicted of a serious criminal offence, sought to appeal the severity of the sentence and also applied for a reduction in the sentence. The application was heard by the Court of Appeal, which was required to consider the merits of the appeal and the application for a reduced sentence. The central legal issues before the court were whether the sentence imposed was excessive and whether the application for a reduced sentence should be granted.

The Court of Appeal considered the principles governing appeals against sentence and the circumstances of the applicant's case. The court noted that the applicant had not attended the hearing of the appeal, which was a significant factor in the court's decision. The court emphasised the importance of the applicant's presence in such proceedings and held that the absence was a valid reason to dismiss the application for a reduced sentence. Furthermore, the court reviewed the sentence and found that it was not excessive in the circumstances of the case. Consequently, the appeal against the sentence and the application for a reduced sentence were both dismissed.

The Court of Appeal dismissed the application for a reduced sentence and affirmed the original sentence imposed by the County Court. The court's decision was based on the applicant's absence at the hearing and the conclusion that the original sentence was appropriate. The court's dismissal of the application and affirmation of the sentence were made explicit in the final orders of the court.

R v French

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	R v French [2004] QCA 125
PARTIES:	R v FRENCH, David John (applicant)
FILE NO/S:	CA No 7 of 2004 DC No 1893 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Brisbane
DELIVERED EX TEMPORE ON:	22 April 2004
DELIVERED AT:	Brisbane
HEARING DATE:	22 April 2004
JUDGES:	de Jersey CJ, Jerrard JA and Holmes J Judgment of the Court
ORDER:	Application dismissed
CATCHWORDS:	APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant did not attend – where application dismissed
COUNSEL:	No appearance for the applicant M J Copley for the respondent
SOLICITORS:	No appearance for the applicant Director of Public Prosecutions (Queensland) for the respondent