R v Hutchinson

[2018] QCA 29

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 2016

DIVISION:

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 12A

Barbaro 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, considered

COUNSEL:

D R Kinsella for the applicant
J A Wooldridge for the respondent

SOLICITORS:

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

1. FRASER JA:  I agree with the reasons for judgment of Mullins J and the order proposed by her Honour.

2. MORRISON JA:  I agree with the reasons of Mullins J and the order her Honour proposes.

3. 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…