R v Hart

[2008] QCA 199

SUPREME COURT OF QUEENSLAND

CITATION:	R v Hart [2008] QCA 199
PARTIES:	R v HART, Llewellyn Frederick (applicant)
FILE NO/S:	CA No 158 of 2008 DC No 92 of 2006
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING  COURT:	District Court at Townsville
DELIVERED ON:	25 July 2008
DELIVERED AT:	Brisbane
HEARING DATE:	18 July 2008
JUDGES:	de Jersey CJ, Keane and Fraser JJA 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 refused
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 REFUSED – GENERALLY – where applicant pleaded guilty to one charge of dangerous operation of a motor vehicle causing death and grievous bodily harm – where applicant sentenced to 18 months imprisonment, suspended after four months for an operational period of 18 months – whether a short custodial sentence was within the proper exercise of the sentencing discretion reposed in the learned sentencing judge
Criminal Code Act 1899 (Qld), s 328A
R v Balfe [1998] QCA 14, cited R v Bussey [2003] QCA 197, cited R v Dwyer [2008] QCA 117, applied R v Gruenert; ex parte A-G (Qld) [2005] QCA 154, considered R v Harris; ex part A-G (Qld) [1999] QCA 392, applied R v Manners, ex parte A-G (Qld) (2002) 132 A Crim R 363; [2002] QCA 301, cited R v Price [2005] QCA 52, cited R v Proesser [2007] QCA 61, distinguished R v Vance; ex parte A-G (Qld) [2007] QCA 269, considered
COUNSEL:	A W Collins for the applicant R G Martin SC for the respondent
SOLICITORS:	Giudes & Elliott for the applicant Director of Public Prosecutions (Queensland) for the respondent

1. de JERSEY CJ: I have had the advantage of reading the reasons for judgment of Keane JA. I agree that the application should be refused, for those reasons.

2. KEANE JA: On 6 June 2008 the applicant pleaded guilty to one count of dangerous operation of a motor vehicle causing death and grievous bodily harm. He was sentenced to 18 months imprisonment, suspended after four months for an operational period of 18 months. He was disqualified from holding or obtaining a driver's licence for 12 months.

3. The applicant seeks leave to appeal against his sentence on the ground that it was manifestly excessive.

   The circumstances of the offence

4. On 25 January 2005, at about 10.00 pm, the applicant was driving a taxi outbound from Townsville approaching the intersection of the Bruce Highway and Mount Low Parkway. Garnet William Wieden ("the deceased") was seated in the front passenger seat of the taxi. The applicant was following another vehicle which executed a right-hand turn into Mount Low Parkway. The applicant then executed his own right-hand turn. Police Constable Philip Haupt was riding his motorcycle in a…