R v Honeysett; ex parte

Case [2010] QCA 212


SUPREME COURT OF QUEENSLAND

CITATION:

R v Honeysett; ex parte A-G (Qld) [2010] QCA 212

PARTIES:

R
v
HONEYSETT, Victor Allan William
(applicant)

R
v
HONEYSETT, Victor Allan William
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 39 of 2010
CA No 53 of 2010
DC No 410 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application
Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

District Court at Ipswich

DELIVERED ON:

13 August 2010

DELIVERED AT:

Brisbane

HEARING DATE:

15 June 2010

JUDGES:

Chief Justice and Fraser JA and Atkinson J
Separate reasons for judgment of each member of the Court, Fraser JA and Atkinson J concurring as to the orders made, Chief Justice dissenting

ORDERS:

1. Application for leave to appeal and appeal allowed only to the extent that the recommendation for release on parole be replaced by a parole eligibility date of 20 October 2011.

2. The sentence is otherwise confirmed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant pleaded guilty to assault occasioning bodily harm, breaking and entering a dwelling house with intent to commit an indictable offence, doing grievous bodily harm with intent, robbery while in company and armed with an offensive weapon, and using other personal violence – where applicant seeks leave to appeal on the ground that the sentence of eight years, imposed in relation to the offence of doing grievous bodily harm with intent, was manifestly excessive and because the sentencing judge failed to give proper weight to considerations in s 9 Penalties and Sentences Act 1992 (Qld) – where complainant suffered a range of injuries and offence was violent – whether sentence imposed was manifestly excessive

CRIMINAL LAW – APPEAL AND NEW TRIAL –APPEAL AGAINST SENTENCE – APPEALS BY CROWN – EXERCISE OF DISCRETION – OTHER MATTERS – where respondent committed numerous offences on successive days in relation to the one victim – where respondent sentenced to eight years imprisonment with a recommendation for parole after two and a half years for the offence of doing grievous bodily harm with intent – where lesser terms of imprisonment imposed in relation to other offences committed by respondent – where all terms of imprisonment to be served concurrently – where Attorney-General appeals the sentence imposed for the offence of grievous bodily harm with intent on the grounds of inadequacy and that the sentencing judge erred in recommending early parole – where appellant contends that the eight year sentence should be varied by deleting the recommendation as to parole and adding a serious violent offence declaration – whether the eight year sentence should be varied by deleting the recommendation as to parole and adding a serious violent offence declaration

Penalties and Sentences Act 1992 (Qld), s 9
Criminal Code Act 1899 (Qld), s 669A

AB v The Queen (1999)198 CLR 111; [1999] HCA 46, applied
R v Amituanai (1995) 78 A Crim R…

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Details
AGLC
R v Honeysett; ex parte [2010] QCA 212
Case
[2010] QCA 212
Decision Date

CaseChat Overview and Summary

The matter of R v Honeysett; ex parte involved the applicant, Honeysett, who had pleaded guilty to a series of serious offences, including assault occasioning bodily harm, breaking and entering with intent to commit an indictable offence, doing grievous bodily harm with intent, robbery while armed and in company, and using personal violence. The case was heard in the Queensland Court of Appeal, where Honeysett sought leave to appeal against his sentence, specifically the eight-year term imposed for the offence of grievous bodily harm with intent. He argued that the sentence was manifestly excessive and that the sentencing judge failed to adequately consider certain factors outlined in the Penalties and Sentences Act 1992 (Qld).

The court had to determine whether the sentence imposed was indeed manifestly excessive, considering the severity of the offence and the injuries sustained by the victim. Additionally, the court needed to assess whether the sentencing judge correctly applied the relevant statutory considerations in determining the sentence. The court also had to address the Attorney-General's appeal concerning the adequacy of the sentence and the recommendation for early parole. The Attorney-General argued that the sentence was inadequate and that the recommendation for parole was inappropriate, while Honeysett contended that the recommendation for parole should be replaced with a serious violent offence declaration.

In its reasoning, the court found that while the offence was indeed violent and the victim sustained significant injuries, the overall sentence was not manifestly excessive. However, the court did find that the recommendation for parole was inappropriate given the nature of the crime and the potential risk to public safety. Consequently, the court allowed the appeal only to the extent of replacing the parole recommendation with a specific parole eligibility date. The rest of the sentence was confirmed, maintaining the eight-year term of imprisonment for the offence of grievous bodily harm with intent.

Orders

Orders of the court

1. Application for leave to appeal and appeal allowed only to the extent that the recommendation for release on parole be replaced by a parole eligibility date of 20 October 2011.

2. The sentence is otherwise confirmed.

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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