R v Granz-Glenn

Case [2023] QCA 157


SUPREME COURT OF QUEENSLAND

CITATION:

R v Granz-Glenn [2023] QCA 157

PARTIES:

R
v
GRANZ-GLENN, Geoffrey Dale

(applicant)

FILE NO/S:

CA No 205 of 2022
SC No 530 of 2022

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 24 August 2022 (Williams J)

DELIVERED ON:

4 August 2023

DELIVERED AT:

Brisbane

HEARING DATE:

27 July 2023

JUDGES:

Bond and Flanagan JJA and Bradley J

ORDER:

Leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – GROUNDS FOR INTERFERENCE – where five offenders had been separately sentenced for their part in the unlawful killing of the deceased – where one offender was sentenced after a jury trial in which he was acquitted of felony murder and convicted of manslaughter – where the other four offenders were convicted of manslaughter on their own pleas of guilty – where each offender was sentenced to 9 years imprisonment with declarations as to time served but without having parole eligibility dates fixed – where the offender convicted after the jury trial was sentenced on the factual basis of his being criminally negligent – where the other offenders were sentenced on the different factual basis that each of them had been part of a common plan to rob the deceased and her partner and that it had been within their contemplation that violence would be used of such a kind or degree that the commission of an unintentional, unlawful killing was a probable consequence – where the applicant was the last offender to be sentenced – where the sentencing judge considered the operation of the parity principle by references to the sentences imposed on the other offenders and concluded the same sentence was appropriate – whether the differentiation made by the sentencing judge was open to her in the exercise of her discretion – where after the applicant had been sentenced the sentence of one of his co-offenders was varied on appeal by an order that she be eligible for parole after serving one third of her head sentence – where the applicant sought to appeal his sentence – whether the sentence was manifestly excessive – whether the disparity between his sentence and the sentence of his co-offender which had been varied on appeal was such as to give rise to a justifiable sense of grievance as would warrant appellate intervention

Green v The Queen (2011) 244 CLR 462; [2011] HCA 49, applied
Jones v The Queen (1993) 67 ALJR 376, cited
Kitson v R [2022] NSWCCA 166, cited
R v Kilic (2016) 259 CLR 256; [2016] HCA 48, cited
R v Oram; R v Hinds[2022] QCA 244, considered
R v Pham (2015) 256 CLR 550; [2015] HCA 39, cited
R v Watson[2021] QCA 225, cited
R v WBV[2023] QCA 79, cited

COUNSEL:

C Martinovic for the applicant
S L Dennis for the respondent

SOLICITORS:

Cridland &…

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Details
AGLC
R v Granz-Glenn [2023] QCA 157
Case
[2023] QCA 157
Decision Date

CaseChat Overview and Summary

In the case of R v Granz-Glenn, the applicant sought to appeal his sentence for his involvement in the unlawful killing of a deceased individual. The applicant was one of five offenders who were separately sentenced for their part in the crime. The applicant was convicted of manslaughter following a jury trial and was sentenced to nine years imprisonment. The other four offenders had pleaded guilty to manslaughter and were also sentenced to nine years imprisonment. The applicant's sentence was based on the factual basis that he was criminally negligent, while the other offenders were sentenced on the basis that they had been part of a common plan to rob the deceased and her partner, with violence being a probable consequence.

The legal issues before the court were whether the sentence imposed on the applicant was manifestly excessive and whether the disparity between his sentence and the sentence of one of his co-offenders, who had her sentence varied on appeal, was such as to give rise to a justifiable sense of grievance. The court found that the applicant's co-operation was less than that of his co-offender, which justified the differentiation in their sentences. The court also found that the applicant's sentence was not manifestly excessive and that the disparity between his sentence and the varied sentence of his co-offender did not give rise to a justifiable sense of grievance.

The court concluded that the application for leave to appeal against the applicant's sentence must be refused. The judges unanimously agreed that the applicant's co-operation was less than that of his co-offender, which justified the differentiation in their sentences. The judges also found that the applicant's sentence was not manifestly excessive and that the disparity between his sentence and the varied sentence of his co-offender did not give rise to a justifiable sense of grievance.

Leave to appeal against sentence is refused.

Orders

Orders of the court

Leave to appeal against sentence is refused.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

In this case, the extent of Hinds’ co-operation as identified by McMurdo JA was much greater than that which the sentencing judge found the applicant to have given. When one appreciates that distinction, one is driven to conclude that, objectively assessed, the applicant can have no justified sense of grievance arising out of the fact that Hinds was given a parole eligibility date and he was not. Ground 3 fails also.Conclusion The application for leave to appeal against sentence must be refused. FLANAGAN JA: I agree with Bond JA. BRADLEY J: I agree with the reasons of Bond JA and with the order his Honour proposes.

Ratio Decidendi

Legal Principle Established

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