R v Hart

[2012] QCA 38

SUPREME COURT OF QUEENSLAND

CITATION:

R v Hart [2012] QCA 38

PARTIES:

R
v
HART, Armin Rolf
(applicant)

FILE NO/S:

CA No 183 of 2011
DC No 11 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Bundaberg

DELIVERED ON:

6 March 2012

DELIVERED AT:

Brisbane

HEARING DATE:

9 February 2012

JUDGES:

Chief Justice, White JA and Atkinson J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant sentenced to 12 years imprisonment for doing grievous bodily harm with intent – where applicant attacked a sleeping man with an iron bar without provocation leading to severe and life threatening injuries – where applicant also convicted of 13 other counts including burglary with threatening violence, robbery while armed, unlawful assault, unlawful wounding and unlawful deprivation of personal liberty – where offences involved applicant engaging in unprovoked attacks – where a psychiatric report obtained for purposes of assessing soundness of mind used for other purposes – where letter of remorse written three days prior to sentencing – where applicant plead guilty – whether trial judge erred in rejecting applicant’s expression of remorse – whether sentence manifestly excessive in all the circumstances

R v Eade[2005] QCA 148, considered
R v Hasanovic[2010] QCA 337, considered
R v Mikaele[2008] QCA 261, considered
R v Mitchell[2006] QCA 240, distinguished
R v Scheers[2010] QCA 318, considered
R v Sielaff[1995] QCA 606, considered

COUNSEL:

The applicant appeared on his own behalf
JA Woolridge for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

CHIEF JUSTICE:

Introduction

1. The applicant seeks leave to appeal against sentences imposed upon him in the District Court on 8 June 2011, following his pleas of guilty the preceding day.  They were (with the terms of imprisonment imposed listed in descending order):

Count 1:doing grievous bodily harm with intent, committed upon S J Robertson on 3 April 2010; 12 years imprisonment;

Count 5:burglary of dwelling of P W Cromarty (breaking in) while armed and with intent to commit an indictable offence, and threatening violence and damaging property, on 18 April 2010; 12 years imprisonment;

Count 6:robbery of A C Hilbert while armed with a knife, on 18 April 2010, then using other personal violence against L A Constable; 10 years imprisonment;

Count 7:robbery of K Konig while armed with a knife, on 18 April 2010, then using other personal violence against L A Constable; 10 years imprisonment;

Count 8:robbery of L A Constable while armed with a knife, on 18 April 2010, and then using other personal violence against her; 10 years imprisonment;

Count 2:unlawful assault occasioning bodily harm to T Zorkler while armed with an offensive instrument, on 18 April 2010;…