SUPREME COURT OF QUEENSLAND
CITATION:
R v Horne [2005] QCA 218
PARTIES:
R
v
HORNE, David Clifford
(applicant)FILE NO/S:
CA No 104 of 2005
DC No 21 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh
DELIVERED EX TEMPORE ON:
22 June 2005DELIVERED AT:
Brisbane
HEARING DATE:
22 June 2005
JUDGES:
Williams, Jerrard and Keane JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Application for leave to appeal against sentence granted
2. Appeal allowed
3. Sentence of three years imprisonment set aside
4. In lieu thereof, applicant to be sentenced:
(a) on count 1, the break and enter offence, to three years imprisonment suspended after 83 days for an operational period of three years; and
(b) on count 2, the armed robbery offence, to imprisonment for 83 days, with 83 days time in custody being declared as time served, and then to be released on probation under the supervision of an authorized Corrective Services officer for a period of two years and nine months
5. A condition of the probation order is that the applicant make full restitution to the complainants of the sum of $750.00. Probation order will be in the usual terms in requiring a reporting condition within 24 hours of releaseCATCHWORDS:
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 GRANTED - PARTICULAR OFFENCES - PROPERTY OFFENCES - where applicant was convicted on his own plea of guilty of one count of entering premises with intent to commit an indictable offence and one count of armed robbery in company - where offences had involved the taking of money with threats of violence from a hot bread shop - where no actual violence was involved and the amount of money taken amounted to $750 - where applicant had participated in an interview with police and identified his co-offender - where applicant originally sentenced to three years imprisonment to be suspended after nine months for an operational period of four years - whether learned sentencing judge gave adequate weight to the applicant's co-operation with the police and his apparently substantial prospects of rehabilitation - whether the sentence originally imposed was manifestly excessive
R v Gilles; ex parte Attorney-General [2000] QCA 503; [2002] 1 Qd R 404, cited
R v Hammond [1996] QCA 508; [1997] 2 Qd R 195, cited
R v Perez-Vargas (1986) 8 NSWLR 559R v Taylor & Napatali; ex parte Attorney-General [1999] QCA 323; (1999) 106 A Crim R 578, cited
COUNSEL:
P E Smith for applicant
R G Martin SC for respondentSOLICITORS:
Compass Legal Solutions (Beenleigh) for applicant
Director of Public Prosecutions (Queensland) for respondent
KEANE JA: On 1st April 2005, the applicant was convicted upon his plea of guilty of one count of entering premises with…
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- AGLC
- R v Horne [2005] QCA 218
- Case
- [2005] QCA 218
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the sentence imposed by the original judge was appropriate given the mitigating factors presented, such as the applicant's cooperation and prospects for rehabilitation. The legal issues included whether the sentence was manifestly excessive, and whether the judge had given adequate weight to the mitigating factors of the applicant's cooperation with the police and his rehabilitation prospects. The court examined precedents such as R v Gilles; ex parte Attorney-General and R v Hammond, which provided guidance on the appropriate consideration of mitigating factors and the concept of manifest excessiveness in sentencing.
The court found that the original sentence was indeed manifestly excessive, given the mitigating factors of the applicant's cooperation with the police and his prospects for rehabilitation. The court held that the sentencing judge had not adequately considered these factors, and that a more lenient sentence was warranted. Consequently, the court allowed the appeal, set aside the original sentence, and imposed a new sentence that reflected the mitigating factors more appropriately. The new sentence involved a three-year suspended imprisonment for the break and enter offence, with a probation order for the armed robbery offence that included conditions for restitution and supervision.
Orders
Orders of the court
1. Application for leave to appeal against sentence granted
2. Appeal allowed
3. Sentence of three years imprisonment set aside
4. In lieu thereof, applicant to be sentenced:
(a) on count 1, the break and enter offence, to three years imprisonment suspended after 83 days for an operational period of three years; and
(b) on count 2, the armed robbery offence, to imprisonment for 83 days, with 83 days time in custody being declared as time served, and then to be released on probation under the supervision of an authorized Corrective Services officer for a period of two years and nine months
5. A condition of the probation order is that the applicant make full restitution to the complainants of the sum of $750.00. Probation order will be in the usual terms in requiring a reporting condition within 24 hours of release
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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