R v Hegarty & Hegarty

[2001] QCA 26

[2001] QCA 26

COURT OF APPEAL

McPHERSON JA
MACKENZIE J
MULLINS J

CA 216 of 2000
CA 217 OF 2000

THE QUEEN

v.

BRENTON SHANE HEGARTY and
DAVID LESLIE HEGARTY

BRISBANE

..DATE 09/02/2001

JUDGMENT

McPHERSON JA:  When those matters were called on this morning neither Brenton Shane Hegarty nor David Leslie Hegarty responded to the call.

We noticed they were convicted in Mt Isa of offences arising out of the events in Cloncurry, so it is not perhaps surprising that they should not have attended, particularly having regard to the fact that the sentence in each case was of some hours only of community service.

In all the circumstances, having looked at the record and found nothing that would justify interfering with either the conviction or the sentence, the course that should be adopted is that the appeal against conviction and sentence by Brenton Hegarty should be dismissed; and the appeal against conviction by David Hegarty should also be dismissed.

MACKENZIE J:  Yes, I agree. I would simply put on the record that it was open to the jury to accept the evidence of the witness, Miss Burke, as to concert and there was no reason demonstrated in the record as to why the jury could not do that.  I agree with the orders proposed.

MULLINS J:  I agree.

McPHERSON JA:  The orders will be as I stated them.