SUPREME COURT OF QUEENSLAND
CITATION:
R v Heke [2019] QCA 93
PARTIES:
R
v
HEKE, Tamate Henry
(applicant)FILE NO/S:
CA No 51 of 2018
SC No 1600 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 23 February 2018 (Applegarth J)
DELIVERED ON:
24 May 2019
DELIVERED AT:
Brisbane
HEARING DATE:
20 November 2018
JUDGES:
Fraser and Philippides JJA and Crow J
ORDER:
Application refused.
CATCHWORDS:
CRIMINAL LAW – SENTENCE – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant was convicted of unlawful striking causing death – where the applicant delivered a blow to the deceased who fell backwards onto a road and was hit by a truck – where the applicant was sentenced to six and a half years’ imprisonment – where it was ordered, pursuant to s 314A(5) of the Criminal Code (Qld), that the applicant must not be released until he has served 80 per cent of that term – whether the applicant’s sentence was manifestly excessive
Corrective Services Act 2006 (Qld), s 182, s 184(2)
Criminal Code (Qld), s 23, s 300, s 314A, s 315A
Penalties and Sentences Act 1992 (Qld), s 9, s 161A, s 162
Safe Night Out Legislation Amendment Act 2014 (Qld)R v Ali[2018] QCA 212, cited
R v Callow[2017] QCA 304, cited
R v Dwyer[2008] QCA 117, cited
R v Heather (unreported, 1178/2017, Supreme Court at Brisbane, 8 March 2018)
R v Mayot (unreported, 826/16, Supreme Court at Brisbane, 6 March 2017), cited
R v McConnell[2018] QCA 107, cited
R v Mischewski (unreported, 741/2017, Supreme Court at Brisbane, 18 December 2017), cited
R v Renata (unreported, 1663/2016, Supreme Court at Brisbane, 13 October 2017), cited
R v Renata; Ex parte Attorney-General (Qld)[2018] QCA 356, cited
R v Simeon[2000] QCA 470, cited
R v Skondin[2015] QCA 138, cited
R v Tientjes[1999] QCA 480, cited
R v Tran; Ex parte Attorney-General[2018] QCA 22, cited
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, citedCOUNSEL:
J J Allen QC, with T Zwoerner, for the applicant
M R Byrne QC for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Crow J and the order proposed by his Honour.
PHILIPPIDES JA: I agree with the reasons of Crow J and the order proposed by his Honour.
CROW J: The applicant was charged with the manslaughter of Shane Martin Merrigan on 1 December 2015 and in the alternative with an offence against s 314A of the Criminal Code of unlawful striking causing the death of Mr Merrigan.
On 22 February 2018, the applicant was acquitted of manslaughter but convicted of unlawful striking causing death. The applicant was sentenced to six and…
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- AGLC
- R v Heke [2019] QCA 93
- Case
- [2019] QCA 93
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing, particularly whether the sentence was manifestly excessive or inadequate. It examined the nature of the offence, the role of the applicant in the events leading to the death, and the appropriate range of sentences for such a crime. The court also took into account the need for general deterrence and the protection of society, as well as the principles of proportionality and parity in sentencing. After careful consideration, the court found that the sentence imposed was not manifestly excessive and was within the appropriate range for the offence committed.
Consequently, the court dismissed the applicant’s appeal against his sentence. The reasoning provided by the court underscored the importance of considering the specific circumstances of each case, the role of the offender, and the broader objectives of sentencing. The court upheld the original sentence, concluding that it was appropriate and not disproportionate to the offence. The final orders were that the application for appeal against sentence was refused.
Orders
Orders of the court
Application refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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