R v Hardes

[2003] QCA 47

SUPREME COURT OF QUEENSLAND

CITATION:	R v Hardes [2003] QCA 47
PARTIES:	R v HARDES, Noel Edward Raymond (applicant)
FILE NO/S:	CA No 393 of 2002 DC No 1980 of 2002
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Brisbane
DELIVERED EX TEMPORE ON:	18 February 2003
DELIVERED AT:	Brisbane
HEARING DATE:	18 February 2003
JUDGES:	Davies and Williams JJA and Philippides J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application for leave to appeal against sentence dismissed
CATCHWORDS:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CHARACTER OF OFFENCE – DRIVING OFFENCES – where applicant convicted of dangerous operation of a motor vehicle causing death, failing to remain at the scene of an accident and showing callous disregard, and dangerous driving – where applicant sentenced to a total of four and a half years imprisonment – whether sentence imposed was manifestly excessive
COUNSEL:	The applicant appeared on his own behalf R G Martin for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent

WILLIAMS JA:  On 4 November 2002, the applicant pleaded guilty to one charge of dangerous operation of a motor vehicle causing death, one charge of failing to remain at the scene of an accident and showing callous disregard, and one charge of disqualified driving.

He was sentenced to three years' imprisonment for dangerous operation of a motor vehicle causing death, one year imprisonment for failing to remain at the scene and showing callous disregard, and six months' imprisonment for the disqualified driving.

It was ordered that each of the sentences be served cumulatively, effectively meaning that he was to serve four and a half years in custody.  There was a recommendation that he be eligible to apply for post-prison community based release after serving one-third of his sentence.  He was also disqualified absolutely from holding a driver's licence.

The applicant seeks leave to appeal against the sentence on the ground that it is manifestly excessive and, in material provided to the Court today, the thrust of his submission was that the sentence should be suspended after serving a certain time rather than there being a recommendation for post-prison community based release.  That submission was made in the light of the appellant's contention that because of his criminal history he would not be regarded as a suitable candidate for parole.

The offences in question occurred on 10 October 2001.  On that day the applicant was driving a motor vehicle at about dusk at a speed which the learned sentencing Judge accepted was below the speed limit of 60 kilometres per hour which existed on the road in question.

The applicant, as the learned sentencing Judge found, cut a corner in the road where from the applicant's point of view the road curved fairly sharply to the right.  The Judge said…