R v Hess

[2003] QCA 553

SUPREME COURT OF QUEENSLAND

CITATION:

R v Hess [2003] QCA 553

PARTIES:

R
v
HESS, Raymond
(appellant)

FILE NO/S:

CA No 122 of 2003
SC No 69 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

12 December 2003

DELIVERED AT:

Brisbane

HEARING DATE:

11 September 2003

JUDGES:

Jerrard JA and Dutney and Philippides JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1. Appeal dismissed   

2. Application for leave to appeal against sentence allowed only to the extent of ordering that the two concurrent sentences each of three years be suspended after the appellant has served 18 months thereof, such suspension to be for an operational period of five years

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where appellant entered guilty pleas very late – where no sign of genuine remorse – where limited prior criminal history – whether sentence manifestly excessive

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENTAND PUNISHMENT – SENTENCE – CONCURRENT SENTENCES – SENTENCES ON TWO OR MORE COUNTS – where appellant sentenced to four years imprisonment to be suspended after serving 18 months on one count – where appellant sentenced to concurrent three year terms on other two counts – where no provision made for suspension order in latter two sentences – whether failure to include suspension order constitutes an oversight by learned sentencing judge

Criminal Code (Qld), s 7, s 8

R v Austin, Liddell & Townend; ex parte A-G (Qld) [1997] QCA 160; CA No 133-135 of 1997, 27 May 1997, considered
R v Couper [2003] QCA 429; CA No 213 of 2003, 25 September 2003, discussed
R v Gompelman & Gompelman [2002] QCA 191; CA No 72 and 73 of 2002, 28 May 2002, considered
R v Hobson [2003] QCA 67; CA No 373 of 2002, 21 February 2003, distinguished
R v Houghton & Genrich [1998] QCA 137; CA Nos 424 and 425 of 1997, discussed
R v Porter [2002] QCA 59; CA No 261 of 2001, 8 March 2002, considered
R v Zerafa [1992] QCA 61; CA No 344 of 1991, 24 February 1992, considered

COUNSEL:

The appellant appeared on his own behalf
M J Copley for the respondent

SOLICITORS:

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

1. JERRARD JA:  On 4 March 2003 Raymond Hess pleaded guilty to three charges.  One was that he committed the offence of burglary with James John Power when James John Power was armed with a dangerous instrument, and when James John Power used actual violence.  The second count was one of unlawfully wounding Stephen John Gough, and the third of unlawfully assaulting Mr Gough and doing him bodily harm while he, Raymond Hess, was in the company of…