R v. Hillier

[2007] QCA 279

SUPREME COURT OF QUEENSLAND

CITATION:

R v Hillier [2007] QCA 279

PARTIES:

R
v
HILLIER, Lee Matthew
(applicant)

FILE NO/S:

CA No 145 of 2007
DC No 1578 of 2007
DC No 1579 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

24 August 2007

DELIVERED AT:

Brisbane

HEARING DATE:

24 August 2007

JUDGES:

McMurdo P, Holmes JA and Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Application for leave to appeal dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where the applicant was convicted of one count of dangerous operation of a motor vehicle and sentenced to 18 months, to be served cumulatively with a sentence he was already serving – whether the sentence imposed was manifestly excessive

Criminal Code Act 1899 (Qld), s 651
Penalties & Sentences Act 1992 (Qld)

R v Theuerkauf; ex parte Attorney-General (Qld) [2003] QCA 94; CA No’s 413 & 414 of 2007, 11 March 2003, considered

COUNSEL:

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

SOLICITORS:

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

HOLMES JA: The applicant for leave to appeal against sentence was convicted on a plea of guilty on an ex officio indictment of one count of dangerous operation of a motor vehicle and was sentenced to 18 months' imprisonment to be served cumulatively with a sentence he was already serving. He was also dealt with under section 651 of the Criminal Code on one charge of driving while disqualified and three firearms charges in respect of a .22 rifle found in his vehicle. In respect of the summary charges, he was sentenced to six months' imprisonment to be served concurrently with the larger sentence.

The dangerous operation of a motor vehicle involved a police chase over a distance of some eight kilometres.  During it, the applicant travelled at speeds of up to 150 kilometres an hour, did not observe a stop sign and overtook other vehicles dangerously, on one occasion on the left-hand side and on other occasions crossing double white lines and in the face of oncoming traffic, forcing vehicles off the road.  The pursuit was ceased because of the danger involved.

When the applicant was apprehended later that day he said that he had deliberately driven dangerously in order to induce the police to stop the chase, because he had feared he would be returned to gaol.

The applicant had an extensive criminal history consisting, for the most part, of drugs, traffic and breach of bail offences dealt with in the Magistrates Court by way of a fine or short periods of imprisonment. In 2001 he was sentenced in the District Court…