R v Gadd

[2013] QCA 242

SUPREME COURT OF QUEENSLAND

CITATION:

R v Gadd [2013] QCA 242

PARTIES:

R
v
GADD, Leslie David
(applicant)

FILE NO:

CA No 316 of 2012
SC No 876 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

30 August 2013

DELIVERED AT:

Brisbane

HEARING DATE:

16 August 2013

JUDGES:

Holmes JA and Atkinson and North JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application 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 four indictable offences, including burglary by breaking, with violence, while armed, in company – where the applicant was sentenced to an effective sentence of eight years imprisonment with a serious violent offence declaration – whether the sentence imposed was manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 161B(3)

R v Dougherty & Anor [1999] QCA 73, cited
R v McDougall and Collas [2007] 2 Qd R 87; [2006] QCA 365, cited
R v Richardson [2010] QCA 216, cited
R v Riseley; ex parte A-G (Qld) [2009] QCA 285, cited

COUNSEL:

S G Bain for the applicant
P J McCarthy for the respondent

SOLICITORS

DME Law Pty Ltd for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. HOLMES JA:  I agree with the reasons of North J and the order he proposes.

1. ATKINSON J:  I agree with the reasons for judgment of North J and the order proposed by his Honour.

1. NORTH J:  On 31 October 2012 the applicant pleaded guilty to one count of burglary by breaking, with violence, while armed, in company (count 1); one count of malicious act with intent (unlawful wounding with intent to maim) (count 3); one count of armed robbery, in company with wounding (count 4) and one count of assault occasioning bodily harm, while armed, in company (count 5).

1. The applicant was sentenced on 7 November 2012. In respect of counts 1, 3 and 4, the learned sentencing Judge imposed sentences of eight years imprisonment and the applicant was declared to be convicted of a serious violent offence pursuant to s 161B(3) of the Penalties and Sentences Act 1992 (Qld).

1. In his application for leave to appeal the sentence and his outline of submissions, the applicant sought to appeal the sentence for counts 1, 3 and 4 submitting that both the sentence imposed of eight years and the declaration of a serious violent offence were manifestly excessive, and that a sentence of six to seven years was appropriate.[1]  At the hearing of the application, counsel for the applicant limited her submissions to the imposition of the declaration in the circumstances of a wounding with intent to maim.

   [1]No challenge was made to the term of four years imprisonment that was imposed for count 5.

1. The circumstances of the offences were summarised in a statement of…