R v Hamilton

[2000] QCA 286

SUPREME COURT OF QUEENSLAND

CITATION:

R v Hamilton [2000] QCA 286

PARTIES:

R
v
HAMILTON, Michael Frederick
(applicant/appellant)

FILE NO/S:

CA No 75 of 2000
DC No 47 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Toowoomba

DELIVERED ON:

21 July 2000

DELIVERED AT:

Brisbane

HEARING DATE:

5 July 2000

JUDGES:

Davies, McPherson and Thomas JJA
Joint reasons for judgment of Davies and Thomas JJA; separate reasons of McPherson JA, concurring as to the orders made

ORDER:

1.    Application for leave to appeal against sentence granted.

2.    Appeal allowed.

3. Set aside sentence imposed below and impose, in lieu, a sentence of imprisonment of 12 months to be served by way of intensive correction in the community. That order must contain the requirements referred to in s 114 of the Penalties and Sentences Act 1992.

4.    Order that the applicant be disqualified from holding or obtaining a driver's licence for a period of four years.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – GENERALLY – 17 year old applicant at time of offence pleaded guilty to dangerous operation of a motor vehicle causing grievous bodily harm – sentenced to imprisonment for nine months suspended after one month with an operational period of 18 months – imprisoned for 11 days after the date of sentence before obtaining bail pending appeal – applicant failed to observe a red light and consequently collided with a taxi causing extensive injuries to the driver – subsequent to this offence applicant caught speeding – applicant had no prior convictions, good work history and exhibited remorse immediately – victim held no 'bias' against applicant – consideration of the competing principles in imposing short terms of imprisonment on young offenders – whether applicant's sentence should have been wholly suspended or imposed by way of intensive correction order or parole – whether sentence imposed was manifestly excessive

Juvenile Justice Act 1992 (Qld), s 114
Penalties and Sentences Act 1992 (Qld), s 114

Anderson (1998) 104 ACrimR 489, considered
Cusak [2000] QCA 239; CA No 90 of 2000, 16 June 2000, distinguished
Dooley v Simpson CA No 275 of 1987, 15 March 1988, considered
Grant CA No 143 of 1998, 15 July 1998, considered
Harris [1999] QCA 392; CA No 161 of 1999, 21 September 1999, considered
R v GB & LB [1999] QCA 46; CA No 443 and No 449 of 1998, 26 February 1999, considered
R v Carmichael CA No 160 of 1996, 19 July 1996, considered
R v Riddell (1997) 25 MVR 574, considered

COUNSEL:

P A Leask for applicant/appellant
L J Clare for respondent

SOLICITORS:

Legal Aid Queensland for applicant/appellant
Director of Public Prosecutions (Queensland) for respondent

1. DAVIES and THOMAS JJA:  On 24 March this year the applicant pleaded guilty to the offence of dangerous operation…