R v Hughes

Case [2003] QCA 460


SUPREME COURT OF QUEENSLAND

CITATION:

R v Hughes [2003] QCA 460

PARTIES:

R
v
HUGHES, Roland Lance
(applicant)

FILE NO/S:

CA  No 308 of 2003

DC No 1153 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

24 October 2003

DELIVERED AT:

Brisbane

HEARING DATE:

10 October 2003

JUDGES:

McPherson JA, Holmes and McMurdo JJ

Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Leave to appeal against sentence granted

2.   Appeal allowed

3.   Sentence imposed in the District Court on 29 August 2003 be varied by suspending what remains of it from the date of delivery of this judgment for an operational period of two years from 29 August 2003

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE – GROUNDS FOR INTEREFERENCE - where application for leave to appeal against sentence – where medical evidence before sentencing judge indicated applicant suffered from a medical condition with a median survival time of 5 – 7 years – where medical report subsequent to sentence indicates applicant’s life expectancy is now between months and 2 years – where applicant does not submit sentencing judge erred and seeks to rely solely on subsequent medical report – where power to interfere with sentence conferred by s 668E where Court is of the opinion some other sentence should have been passed – where Court is concerned with the circumstances as they existed at the date of sentence – whether circumstances existing at the date of sentence can include facts then existing but not the subject of adduced evidence – whether Court should admit evidence of subsequent report and allow appeal

Corrective Services Act 2000 (Qld), s 133
Criminal Code 1899 (Qld) , s 668E

R v Goodwin (1990) 51 A Crim R 328, considered
R v Cornale [1993] 2 Qd R 294, considered
R v Leith [2000] 1 Qd R 660, distinguished
R v Maniadis [1997] 1 Qd R 593, considered

COUNSEL:

A Moynihan for the applicant

S Bain for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. McPHERSON JA: The facts are set out in the reasons for judgment of McMurdo J, which I have had the advantage of reading and with which I agree.

  1. The jurisdiction on appeal to set aside or vary a sentence imposed for a crime was first conferred by s 668E(3) of the Code, which was introduced by the Criminal Code Amendment Act 1913. Like other such provisions in Australia, it was based on the Criminal Appeal Act 1907 in England. On an appeal against sentence, s 668E(3) adopts as the criterion for interference that “some other sentence … is warranted in law and should have been passed.” If that requirement is satisfied, the sentence is to be quashed, and that other sentence passed in substitution…

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Details
AGLC
R v Hughes [2003] QCA 460
Case
[2003] QCA 460
Decision Date

CaseChat Overview and Summary

The appellant, Hughes, sought leave to appeal against his sentence, which was imposed by the District Court on 29 August 2003. The central issue in the appeal was whether the Court of Appeal should admit a subsequent medical report that was not before the sentencing judge and whether it should allow the appeal on this basis. The appellant did not argue that the sentencing judge had erred in any respect but relied solely on the subsequent medical report, which indicated a drastically reduced life expectancy compared to what was known at the time of sentencing.

The legal issues the court had to resolve included whether the circumstances existing at the time of the original sentence could encompass facts that were not before the sentencing judge and subsequently became known. The court had to consider the power conferred by section 668E of the relevant Act, which allows for interference with a sentence if the Court is of the opinion that some other sentence should have been passed. The Court needed to determine the appropriate scope of the circumstances it should consider in making its decision.

In its reasoning, the Court found that the subsequent medical report was relevant to the appellant's life expectancy at the time of sentencing. It concluded that the circumstances existing at the date of sentence could include facts then existing but not the subject of adduced evidence. The Court was of the opinion that, given the significant change in the appellant's medical prognosis, some other sentence should have been passed. The Court granted leave to appeal and allowed the appeal, ordering that the sentence imposed be suspended from the date of the judgment for an operational period of two years from 29 August 2003.

Orders

Orders of the court

1. Leave to appeal against sentence granted

2. Appeal allowed

3. Sentence imposed in the District Court on 29 August 2003 be varied by suspending what remains of it from the date of delivery of this judgment for an operational period of two years from 29 August 2003

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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