R v Hicks & Taylor

Case [2011] QCA 207


SUPREME COURT OF QUEENSLAND

CITATION:

R v Hicks & Taylor [2011] QCA 207

PARTIES:

R
v
HICKS, Joshua Alexander
(applicant)

R
v
TAYLOR, Willie Michael
(applicant)

FILE NO/S:

CA No 255 of 2010
CA No 274 of 2010
SC No 152 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Applications

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

26 August 2011

DELIVERED AT:

Brisbane

HEARING DATE:

24 June 2011

JUDGES:

White JA and Margaret Wilson AJA and Mullins J
Judgment of the Court

ORDERS:

In CA No 255 of 2010:

1.  Application for leave to appeal against sentence granted

2.  Appeal against sentence allowed

3.  Set aside the sentence imposed for the offence of manslaughter of ten years’ imprisonment and substitute a sentence of nine years’ imprisonment

4.  The sentence imposed at first instance is otherwise confirmed

In CA No 274 of 2010:

1.  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 RECORDED ON PLEA OF GUILTY – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – WHEN GRANTED – GENERALLY – where applicant Hicks pleaded guilty to one count of attempted armed robbery in company and one count of manslaughter – where sentencing judge made a finding that the applicant had been involved in a prior home invasion of the same residence where the offences were committed on the basis of a written statement made by a witness who resiled from that statement on a voir dire before the judge – whether judge applied s 132C Evidence Act 1977 (Qld) in making that finding

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE RECORDED ON PLEA OF GUILTY – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – WHEN GRANTED – GENERALLY – where applicant Hicks pleaded guilty to one count of attempted armed robbery in company and one count of manslaughter – where the unlawful killing was committed in the course of the attempted armed robbery – where prosecution abandoned the circumstance of aggravation for the attempted armed robbery offence that the defendants were armed with an offensive weapon of a steering wheel lock – where sentencing judge did not act on the allegation that the applicant was armed with a steering wheel lock in sentencing for the attempted armed robbery – where judge took into account that the applicant was armed with a steering wheel lock in sentencing for the offence of manslaughter – whether judge erred in taking into account the circumstance of aggravation in sentencing for the offence of manslaughter

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE RECORDED ON PLEA OF GUILTY – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – WHEN GRANTED – GENERALLY – where applicant Taylor pleaded guilty to manslaughter and attempted armed…

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Details
AGLC
R v Hicks & Taylor [2011] QCA 207
Case
[2011] QCA 207
Decision Date

CaseChat Overview and Summary

The applicants, Hicks and Taylor, were convicted and sentenced in the District Court for offences related to a home invasion and the manslaughter of a person during the attempted armed robbery. Hicks pleaded guilty to attempted armed robbery in company and manslaughter, while Taylor pleaded guilty to manslaughter and attempted armed robbery in company. Both applicants sought to appeal against their sentences, with Hicks applying to have his sentence reduced and Taylor arguing that his sentence was manifestly excessive. The central legal issues in this appeal were whether the sentencing judge correctly applied the law in making findings about prior criminal conduct and whether the judge erred in considering certain aggravating factors in sentencing.

The court found that the sentencing judge did not correctly apply the law when making a finding that Hicks had been involved in a prior home invasion based on a witness statement that was later retracted. The court also determined that the judge erred in considering the aggravating factor that Hicks was armed with a steering wheel lock in sentencing for the manslaughter offence, as the prosecution had abandoned this factor for the attempted armed robbery offence. Regarding Taylor, the court concluded that while his responsibility for the crime was less than Hicks', the sentence was not manifestly excessive. The court noted that the sentence was structured to ensure parole eligibility was just short of the halfway mark, which was a mitigating factor.

The appeal against Hicks' sentence was allowed, and the sentence for manslaughter was reduced from ten years to nine years, while the sentence for attempted armed robbery remained unchanged. The court confirmed the rest of Hicks' sentence. In contrast, the appeal against Taylor's sentence was dismissed, and the original sentence was upheld. These decisions highlight the importance of correct legal application in sentencing and the need for appropriate consideration of all factors, including the plea of guilty.

Orders

Orders of the court

In CA No 255 of 2010:

1. Application for leave to appeal against sentence granted

2. Appeal against sentence allowed

3. Set aside the sentence imposed for the offence of manslaughter of ten years’ imprisonment and substitute a sentence of nine years’ imprisonment

4. The sentence imposed at first instance is otherwise confirmed

In CA No 274 of 2010:

1. Application for leave to appeal against sentence 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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