R v Hughes

[2000] QCA 16

SUPREME COURT OF QUEENSLAND

CITATION:

R v Hughes [2000] QCA 16

PARTIES:

R
v
HUGHES, Craig David
(applicant/appellant)

FILE NO/S:

CA No 306 of 1999
DC No 154 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against conviction and application for leave to appeal against sentence

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

11 February 2000

DELIVERED AT:

Brisbane

HEARING DATE:

25 November 1999

JUDGES:

Pincus JA, Thomas JA, Helman J
Separate reasons for judgment of each member of the Court;  Pincus JA and Thomas JA concurring as to the orders made, Helman J dissenting in part

ORDER:

1.     Appeal against conviction dismissed. 
2.  Application for leave to appeal against sentences granted.
3.  Appeal against sentences allowed.  All sentences imposed by primary judge set aside and in lieu thereof it is ordered that the appellant serve 3 years imprisonment for each offence, suspended after 278 days, the operational period being 5 years.

4.   Declare that 278 days of pre-sentence custody, from 31 October 1998 to 5 August 1999, be imprisonment already served under the sentence.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES, SENTENCES ON ESCAPE AND COMMENCEMENT OF SENTENCE – POWER TO IMPOSE – GENERALLY – conviction of stalking, entering a dwelling house with intent and indecent assault – head sentence of 3 years not manifestly excessive – probation order and order of imprisonment made to run concurrently – whether such a sentence authorised by Penalties and Sentences Act 1992 – whether matter should be sent back to District Court for re-sentencing

A & S;  Ex parte A-G (Qld) [1999] QCA 503; CA Nos 292 and 293 of 1999, 3 December 1999

Hughes [1999] 1 QdR 389
Lihou [1975] QdR 44

M;  Ex parte A-G (Qld) [1999] QCA 442; CA No 251 of 1999, 2 November 1999

Neal (1982) 149 CLR 305

COUNSEL:

No appearance for the applicant/appellant
Mr W A Clark for the respondent

SOLICITORS:

No appearance for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent

1. PINCUS JA:  There has been filed a notice of appeal against conviction and sentence.  The appellant pleaded guilty in the District Court to three offences:  that during a certain period he unlawfully stalked the complainant woman, that he entered her dwelling with intent to commit an indictable offence and that he unlawfully and indecently assaulted her.  After hearing submissions on sentence the judge imposed a sentence of 3 years imprisonment on each of the counts of stalking and assault, suspending each term after 278 days, the operative period being 5 years;  as to the entry offence, the judge ordered probation for 3 years.  The result was that the appellant was entitled to be released immediately, because he had served 278 days awaiting trial.

1. The notice of appeal sets out two grounds, that the sentence was manifestly excessive and that the appellant was coerced by counsel to accept what is described as a plea bargain, without…