SUPREME COURT OF QUEENSLAND
CITATION:
R v Hey; ex parte A-G (Qld) [2006] QCA 23
PARTIES:
R
v
HEY, Brent William
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 271 of 2005
DC No 535 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
10 February 2006
DELIVERED AT:
Brisbane
HEARING DATE:
23 November 2005
JUDGES:
McMurdo P, Keane JA and Chesterman J
Separate reasons for judgment of each member of the Court, McMurdo P and Keane JA concurring as to the order made, Chesterman J dissentingORDER:
Sentence appeal by Attorney-General dismissed
CATCHWORDS:
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AGAINST SENTENCE - APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER - APPLICATIONS TO INCREASE SENTENCE - respondent pleaded guilty to one count of dangerous operation of a motor vehicle causing death whilst adversely affected by alcohol - sentenced to six and a half years imprisonment with a recommendation for post-prison community-based release after two and a half years and licence disqualified absolutely - maximum penalty for offence 10 years imprisonment - respondent had been drinking alcohol with friends - failed to reduce speed at intersection with a "Give Way" sign and drove straight through intersection - police inspection showed motor vehicle in unsatisfactory mechanical condition with decreased braking efficiency - respondent claimed that he tried to slow down and that his brakes had become "weird" and "spongy" on the night of the offence - relatively minor but concerning criminal history - traffic history including five previous convictions for driving under the influence of alcohol, three previous convictions for disqualified driving and two convictions for careless driving - disqualified from driving at the time of the offence - early plea of guilty and co-operation with authorities - references tended attesting to respondent's genuine remorse - insight into alcohol addiction and stated desire to reform - whether sentence manifestly inadequate
R v Balic [2005] QCA 212; CA No 57 of 2005, 17 June 2005, cited
R v Conquest; ex parte A-G (Qld) [1995] QCA 567; CA No 395 of 1995, 19 December 1995, considered
R v Frost; ex parte A-G (Qld) [2004] QCA 309; CA No 142 of 2004, 27 August 2004, cited
R v Gray [2005] QCA 280; CA No 129 of 2005, 12 August 2005, cited
R v Hoad [2005] QCA 92; CA No 434 of 2004, 8 April 2005, cited
R v Smith [2005] QCA 26; CA No 380 of 2004, 14 February 2005, cited
R v Smout [2005] QCA 120; CA No 31 of 2005, 15 April 2005, cited
R v Tabakovic [2005] QCA 90; CA No 3 of 2005, 8 April 2005, cited
R v Vessey; ex parte A-G (Qld) [1996] QCA 11; CA No 453 of 1995, 16 February 1996, considered
R v Wilde; ex parte A-G (Qld) [2002] QCA 501; CA No 283…
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- Case
- [2006] QCA 23
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly inadequate. The court considered the severity of the offence, the respondent's history of alcohol-related driving offences, the circumstances of the incident, and the respondent's personal circumstances, including his early guilty plea, cooperation with authorities, and evidence of genuine remorse. The court referenced several previous cases to guide its analysis, including R v Frost; ex parte A-G (Qld), R v Gray, and R v Smout, among others. The court noted the maximum penalty for the offence and compared the sentence imposed with those in similar cases.
After considering the evidence and arguments presented, the court determined that the sentence was not manifestly inadequate. The court found that the sentence reflected the seriousness of the offence and the respondent's history, while also taking into account his early guilty plea and remorse. The court held that the sentence was within the range of sentences that could be considered appropriate for the offence, and therefore dismissed the appeal against the sentence. The sentence imposed by the primary judge was upheld.
Orders
Orders of the court
Sentence appeal by Attorney-General dismissed
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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