R v Hughes

[2025] QCA 72

SUPREME COURT OF QUEENSLAND

CITATION:

R v Hughes [2025] QCA 72

PARTIES:

R
v
HUGHES, Christopher Michael
(applicant)

FILE NO/S:

CA No 216 of 2023
SC No 15 of 2023

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Townsville – Date of Sentence: 3 November 2023 (Burns J)

DELIVERED ON:

16 May 2025

DELIVERED AT:

Brisbane

HEARING DATE:

4 November 2024

JUDGES:

Mullins P, Brown JA and Henry J

ORDERS:

1.   The notice of abandonment of application filed on 16 April 2024 is set aside and the notice of application for leave to appeal against sentence filed on 8 November 2023 is reinstated.

2.   Application for leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – ABANDONMENT OF APPEAL – where the applicant’s grandmother, with the aid of his aunt, retained a firm of solicitors to provide legal representation on the applicant’s behalf – where the applicant sought to relieve his private solicitor ‘of his legal representation’ during a conference – where the applicant lodged an application for legal aid after concluding his conference with his private solicitor – where the private solicitor sought clarification from the applicant’s aunt that the applicant was abandoning his appeal – where the applicant’s aunt confirmed the applicant intended to abandon his appeal after speaking with the applicant’s grandmother – where there was an apparent miscommunication between the applicant and his family members about his intention to terminate the retainer of his private solicitors but seek legal aid for the sentence leave application – where the applicant did not intend to abandon his appeal – whether the applicant’s abandonment of the appeal filed by the private solicitor can be set aside – whether there is good reason for reinstating the abandoned sentence leave application

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of manslaughter – where the applicant was a member of a Facebook group in which members would report on stolen vehicles in Townsville, exchange details of sightings of stolen vehicles and some members would engage in pursuits of stolen vehicles – where the applicant had engaged in numerous pursuits in the 12 months leading up to the incident – where the applicant was pursuing a stolen vehicle and was travelling at approximately 120 to 130 km/h – where the applicant’s car connected with the rear of the stolen car, causing the applicant’s vehicle to slide onto the other side of the road and collide with a motorcycle being ridden by the victim – where the victim died from her catastrophic injuries – where the sentencing judge considered the applicant was acting for ‘the thrill of the chase’ and the unlawful killing was an almost inevitable consequence of the applicant’s deliberate conduct in pursing the stolen vehicle – where the applicant was not intoxicated at the time of the…