SUPREME COURT OF QUEENSLAND
CITATION:
R v GBR [2025] QCA 71
PARTIES:
R
v
GBR
(applicant)FILE NO/S:
CA No 6 of 2025
DC No 375 of 2024
DC No 384 of 2024DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane – Date of Sentence: 12 December 2024 (Loury KC DCJ)
DELIVERED ON:
16 May 2025
DELIVERED AT:
Brisbane
HEARING DATE:
17 March 2025
JUDGES:
Boddice and Brown JJA and Crowley J
ORDERS:
1. Leave to appeal be granted.
2. The appeal be dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the applicant was sentenced to five years’ detention for malicious act with intent to cause grievous bodily harm – where the applicant submits the sentencing judge failed to have regard to relevant considerations regarding his mental health conditions – where submissions on such matters were not made at first instance – where the sentencing remarks indicate that the sentencing judge did take such matters into account – whether error in the sentencing judge’s discretion can be established where relevant considerations were not drawn to the sentencing judge’s attention at first instance
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
R v Verdins (2007) 16 VR 269; [2007] VSCA 102, cited
Romero v The Queen (2011) 32 VR 486; [2011] VSCA 45, cited
Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44, citedCOUNSEL:
K M Hillard, with B E McKenzie, for the applicant
B M White for the respondentSOLICITORS:
Mulcahy Ryan Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
BODDICE JA: I agree with Crowley J.
BROWN JA: I agree with Justice Crowley.
CROWLEY J: The applicant seeks leave to appeal against a sentence of 5 years’ detention, with an order for supervised release after serving 60 per cent of that term, for an offence of malicious act with intent to cause grievous bodily harm imposed by a judge of the Childrens Court of Queensland.
The applicant was also sentenced by the judge to concurrent terms of six months’ imprisonment for two summary offences of serious assault police. The details of those latter offences are presently immaterial.
The single ground of appeal contained in the original application for leave to appeal was that the sentence was manifestly excessive. At the hearing of the appeal, the applicant abandoned that ground and was granted leave to argue the following amended grounds of appeal:
“The Sentence Judge erred in failing to have regard to relevant considerations, including one (1) or more of the following:
(a)The Applicant Child’s mental health diagnosis;
(b)That the Applicant Child’s offending had occurred while untreated for his mental health diagnosis and/or condition; and/or
(c)The Applicant Child’s actual and prospective rehabilitation arising from his mental health treatment.”
The applicant contends that leave to appeal should be granted, the appeal be allowed,…
Continue reading R v GbR
Sign in free to access the full text
- AGLC
- R v GbR [2025] QCA 71
- Case
- [2025] QCA 71
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing remarks and found that the judge did, in fact, take into account the appellant's mental health conditions, even though they were not formally presented during the sentencing hearing. The court held that where the sentencing remarks demonstrate that the judge has considered relevant factors, and those factors were not specifically brought to their attention, it is difficult to establish that the judge's discretion was exercised erroneously. Given that the sentencing judge had already considered the appellant's mental health conditions, the court found no grounds for interference with the sentence.
Accordingly, the court granted leave to appeal but dismissed the appeal. The court acknowledged the appellant's concerns but concluded that the sentence was appropriate given the circumstances and the sentencing judge's consideration of the relevant factors. The court's final orders were to grant leave to appeal and to dismiss the appeal, thereby upholding the original sentence.
Orders
Orders of the court
1. Leave to appeal be granted.
2. The appeal be dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.