SUPREME COURT OF QUEENSLAND
CITATION:
R v Hutchinson [2018] QCA 29
PARTIES:
R
v
HUTCHINSON, Michael Geoffrey
(applicant)FILE NO/S:
CA No 74 of 2017
SC No 83 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Townsville – Date of Sentence: 31 March 2017 (North J)
DELIVERED ON:
9 March 2018
DELIVERED AT:
Brisbane
HEARING DATE:
13 September 2017
JUDGES:
Fraser and Morrison JJA and Mullins J
ORDER:
Application for leave to appeal against sentence refused.
CATCHWORDS:
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 fraud and not guilty to one count of murder at trial – where the applicant was acquitted of murder, but found guilty of manslaughter – where the victim was his wife – where the sentence for manslaughter was 15 years six months imprisonment to reflect the overall criminality for both offences – where the offence of manslaughter was recorded as a domestic violence offence – where the offence of manslaughter was committed before the commencement of s 9(10A) of the Penalties and Sentences Act 1992 (Qld) – whether the sentencing judge erred in applying s 9(10A) or whether the sentence was otherwise manifestly excessive
Acts Interpretation Act 1954 (Qld), s 14B, s 15A
Criminal Law (Domestic Violence) Amendment Act 2016 (Qld), s 5, s 6, s 7, s 9, s 10
Penalties and Sentences Act 1992 (Qld), s 9, s 12ABarbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2, considered
Rodway v The Queen (1990) 169 CLR 515; [1990] HCA 19, considered
R v Baggott[2000] QCA 153, considered
R v Breeze (1999) 106 A Crim R 441; [1999] QCA 303, cited
R v Carlton [2010] 2 Qd R 340, [2009] QCA 241, followed
R v Harold[2011] QCA 99, considered
R v Koster (2012) 226 A Crim R 247; [2012] QCA 302, distinguished
R v Mason and Saunders [1998] 2 Qd R 186; [1997] QCA 421, cited
R v Nagy [2004] 1 Qd R 63; [2003] QCA 175, cited
R v Pham (2009) 197 A Crim R 246; [2009] QCA 242, followed
R v Truong [2000] 1 Qd R 663; [1999] QCA 21, followed
R v West[2011] QCA 76, consideredCOUNSEL:
D R Kinsella for the applicant
J A Wooldridge for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Mullins J and the order proposed by her Honour.
MORRISON JA: I agree with the reasons of Mullins J and the order her Honour proposes.
MULLINS J: In March 2017 Mr Hutchinson was convicted after trial of the unlawful killing of his wife Mrs Hutchinson. There were two counts on the indictment. At the commencement of the trial Mr Hutchinson…
Continue reading R v Hutchinson
Sign in free to access the full text
- AGLC
- R v Hutchinson [2018] QCA 29
- Case
- [2018] QCA 29
- Decision Date
CaseChat Overview and Summary
The court examined the principle of totality, which requires that the overall sentence should reflect the overall criminality of the offender's conduct. In this case, the court considered the sentencing judge’s approach in balancing the severity of the manslaughter offence with the applicant's plea of guilty to the fraud charge. The court noted that while the applicant's conduct in relation to the fraud was serious, the manslaughter offence carried significant moral blameworthiness, particularly given its domestic violence nature. The court held that the sentencing judge appropriately considered the totality principle in imposing a sentence that reflected the overall criminality. The court also found that there was no error in applying section 9(10A) as the offence occurred before the amendment took effect.
Consequently, the court concluded that the sentence was not manifestly excessive. The application for leave to appeal against the sentence was therefore refused.
Orders
Orders of the court
Application for leave to appeal against sentence refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.