R v Gruenert; ex parte A-G (Qld)

SUPREME COURT OF QUEENSLAND

CITATION:

R v Gruenert; ex parte A-G (Qld) [2005] QCA 154

PARTIES:

R
v
GRUENERT, Juergen Theodor
(respondent)

EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 439 of 2004
DC No 104 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

District Court at Mackay

DELIVERED ON:

13 May 2005

DELIVERED AT:

Brisbane

HEARING DATE:

15 March 2005

JUDGES:

Williams and Keane JJA and Fryberg J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Sentence appeal by the Attorney-General dismissed

CATCHWORDS:

APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER - APPLICATIONS TO INCREASE SENTENCE - OTHER OFFENCES - where respondent  aborted overtaking manoeuvre in face of oncoming traffic - where movement back to correct side of the road resulted in the crashing of another vehicle - where respondent was convicted after trial of dangerous operation of a motor vehicle causing death - where sentencing judge characterized conduct of respondent as "momentary inattention" - where sentence of 18 months imprisonment wholly suspended and suspension of licence for six months imposed - whether conduct of respondent properly characterized as "momentary inattention" - whether sentence manifestly inadequate

R v Harris;  ex parte A-G [1999] QCA 392; CA No 161 of 1999, 21 September 1999, cited
R v Balfe [1998] QCA 014; CA No 444 of 1997, 20 February 1998, cited
R v Manners;  ex parte A-G (Qld) [2002] QCA 301; (2002) 132 A Crim R 363, cited

R v Anderson;  ex parte A-G (Qld) [1998] QCA 355; (1998) 104 A Crim R 489, cited

COUNSEL:

D L Meredith for appellant
A J Glynn SC for respondent

SOLICITORS:

Director of Public Prosecutions (Queensland) for appellant
Bill Cooper & Associates (Clermont) for respondent

1. WILLIAMS JA:  I have had the advantage of reading the reasons for judgment of Keane JA in this matter.  There is nothing I wish to add thereto.  I agree with those reasons and with the order proposed.

1. KEANE JA:  The respondent to this appeal by the Attorney-General of Queensland was convicted on 26 November 2004 after a trial of dangerous operation of a motor vehicle causing death.  The offence in question occurred on 19 September 2002.

Background

1. Shortly after 4.00 pm in the afternoon the respondent was driving a truck on the Peak Downs Highway heading towards Mackay.  The learned sentencing judge observed that the photographic exhibits showed that the respondent had a clear view for a length of the highway which allowed him to overtake safely.  The speed limit on this area of the highway was 100 kph.  The respondent overtook a white utility towing a caravan travelling in the same direction.  The utility was being driven by Johannes Krop.  Mrs Elizabeth Ann Krop was in the passenger seat.  According to Mrs Krop, they were travelling at between…