SUPREME COURT OF QUEENSLAND
CITATION: R v Hall [2002] QCA 125 PARTIES: R
v
HALL, Gregory John
(respondent)
EX PARTE ATTORNEY-GENERAL OF
QUEENSLAND
(appellant)FILE NO/S: CA No32 of 2002
SC No 598 of 2000DIVISION: Court of Appeal PROCEEDING: Sentence Appeal by A-G (Qld) ORIGINATING
COURT:Supreme Court at Brisbane DELIVERED ON: 5 April 2002 DELIVERED AT: Brisbane HEARING DATE: 21 March 2002 JUDGES: Williams JA, White and Philippides JJ
Separate reasons for judgment of each member of the Court,
each concurring as to the orders made.ORDER: 1. Appeal allowed;
2. Set aside the sentence of 4 years imprisonment and in
lieu thereof impose a sentence of 6 years imprisonment.CATCHWORDS: CRIMINAL LAW – 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 – OFFENCES AGAINST THE PERSON – where a sentence of 4 years imprisonment imposed on the respondent consequent upon his pleading guilty to a charge of the manslaughter of his baby son – where previous conviction of assault occasioning bodily harm to 15 day old baby – whether sentence outside the scope of a proper sentencing discretion – whether manifest inadequacy - R v Irvine distinguished – whether a serious violent offence declaration should be imposed – where sentence of 4 years imprisonment set aside and 6 years imprisonment substituted Criminal Code (Qld) s669A(1) Penalties & Sentences Act 1992 (Qld) s 9(4)(g) R v Amituanai (1995) 78 A Crim R 588, considered
R v Auberson & Attorney-General of Queensland [1996]
QCA 321; CA No 248 of 1996, 3 September 1996,
considered
R v De Salvo [2002] QCA 63; CA No 284 of 2001, 15 March
2002, considered
R v Irvine & Attorney-General of Queensland [1997] QCA
138; CA No 82 of 1997, 8 May 1997, distinguished
R v Keating [2002] QCA 19; CA No 251of 2001, 6 February
2002, considered
R v Melano; ex-parte Attorney-General (1995) 2 QdR 186,
considered
R v Ross [1996] 411; CA No 347 of 1996, 25 October 1996,
considered
R v Walsh CA No 85 of 1986, 12 June 1986, consideredCOUNSEL: P Rutledge for the appellant
A W Moynihan for the respondentSOLICITORS: Director of Public Prosecutions (Queensland) for the
appellant
Legal Aid Queensland for the respondent
WILLIAMS JA: The Attorney-General of Queensland appeals against a sentence of 4 years imprisonment imposed on the respondent consequent upon his pleading guilty to a charge of manslaughter. The deceased was the baby son of the respondent.
The baby received injuries on the evening of 13-14 June 1999 when some 19 days old. The material establishes that the baby had been screaming and the respondent claimed he gave him “a little bit of a shake”. Thereafter the baby was given a bottle and was apparently quiet. At about 6.40am on 14 June the baby was taken by the respondent to the Logan Hospital. That was some hours after…
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- Case
- [2002] QCA 125
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing and the precedent set by R v Irvine, which provided guidance on assessing the adequacy of sentences in cases involving serious offences against the person. It was noted that while the prior conviction did not automatically increase the severity of the sentence, it was a relevant factor that needed to be weighed in the sentencing process. The court found that the sentence of four years was indeed manifestly inadequate, taking into account the circumstances of the offence and the need to deter similar conduct in the future. The court also considered the need to impose a serious violent offence declaration as part of the sentence.
In light of the above, the court allowed the appeal by the Attorney-General. The original sentence of four years imprisonment was set aside and replaced with a sentence of six years imprisonment, reflecting the court's view that the original sentence did not adequately reflect the seriousness of the offence and the need for deterrence and denunciation.
Orders
Orders of the court
1. Appeal allowed;
2. Set aside the sentence of 4 years imprisonment and in
lieu thereof impose a sentence of 6 years imprisonment.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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