SUPREME COURT OF QUEENSLAND
CITATION:
R v Hill [2005] QCA 18
PARTIES:
R
v
HILL, Alexander Kenneth
(applicant)FILE NO/S:
CA No 354 of 2004
DC No 2336 of 2004
DC No 1511 of 2003
DC No 1510 of 2003DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED EX TEMPORE ON:
10 February 2005
DELIVERED AT:
Brisbane
HEARING DATE:
10 February 2005
JUDGES:
McPherson JA, Williams JA, Chesterman J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
Application for leave to appeal against sentence is refused
CATCHWORDS:
CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where, at trial, the applicant had pleaded guilty to, and been convicted of, attempted armed robbery – where applicant was sentenced to three years’ imprisonment to be suspended after 12 months for a period of three years – where applicant also was sentenced for breach of two intensive correction orders to nine months’ imprisonment and three months’ imprisonment – sentence for armed robbery was ordered to be served cumulatively on the earlier sentences – whether sentence imposed was manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 126(4)
R v Moodie [1999] QCA 125; CA No. 439 of 1998, 14 April 1999, cited
R v O’Brien [1995] QCA 397; CA No. 190 of 1995, 28 July 1995, cited
COUNSEL:
Mrs K M McGinness for the applicant
Mr M J Copley for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
CHESTERMAN J: On 1 October 2004 the applicant pleaded guilty to a charge of attempted armed robbery. He was sentenced to a term of three years' imprisonment to be suspended after he had served 12 months. The operational period was three years. The sentence was made cumulative upon a sentence of nine months' imprisonment for assault occasioning bodily harm.
At about 7.40 p.m. on 13 July 2004 Xiao Ling Wang was serving in a convenience store owned by her family. The applicant entered the store wearing dark clothing, including a balaclava. He was armed with a knife. Mrs Wang left the counter and screamed for help. Her husband came from a back room. He picked up a bar stool and stood between his wife and the applicant. The applicant said nothing but began to push buttons on the cash register in an attempt to open it. He held the knife in his right hand as he did so.
When his efforts to open the register were unsuccessful, he threw it to the floor. By this time Mrs Wang had also picked up a bar stool and moved towards the applicant. By good chance a police officer was passing the shop and heard the screams. Drawing his service pistol, he entered and observed the applicant who, by this time, had dropped the knife. The police officer threw the…
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- AGLC
- R v Hill [2005] QCA 18
- Case
- [2005] QCA 18
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved whether the sentence imposed on the applicant was manifestly excessive, taking into account the various factors and circumstances of the case. The court had to consider the nature and seriousness of the offence, the culpability of the offender, and whether the sentence was disproportionate in the context of the applicant's criminal history and personal circumstances.
The court found that the sentence imposed was not manifestly excessive. It considered the severity and nature of the offence, the applicant's criminal history, and the cumulative effect of the sentences. The court held that the sentence reflected a balanced approach, considering both the need for deterrence and the rehabilitation of the offender. The court also noted that the applicant had an opportunity to present mitigating factors at sentencing but chose not to do so. The application for leave to appeal against the sentence was therefore refused.
Orders
Orders of the court
Application for leave to appeal against sentence is 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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