R v Huxtable - [2014] QCA 249

SUPREME COURT OF QUEENSLAND

CITATION:

R v Huxtable [2014] QCA 249

PARTIES:

R
v
HUXTABLE, Murray John
(applicant)

FILE NO/S:

CA No 48 of 2014
DC No 244 of 2013

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Rockhampton

DELIVERED ON:

3 October 2014

DELIVERED AT:

Brisbane

HEARING DATE:

29 August 2014

JUDGES:

Margaret McMurdo P and Fraser JA and Alan Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   The application for leave to appeal against sentence is granted.

2.   The appeal against sentence is allowed.

3.   The sentence imposed at first instance is varied by vacating the sentence of five years imprisonment suspended after 15 months with an operational period of five years, and instead imposing a sentence of three and a half years imprisonment suspended after 14 months with an operational period of three and a half years.

4.   The sentence imposed at first instance is otherwise confirmed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to dangerous operation of a motor vehicle causing death and grievous bodily harm – where the applicant was a professional driver – where the applicant was driving an unladen tip trick towing a trailer – where the applicant was travelling behind a Holden Commodore –where the driver of the Commodore stopped at an intersection – where the applicant did not brake in time to avoid colliding with the rear of the Commodore – where the applicant's truck forced the Commodore across the centre line into the path of a Hyundai – where the driver of the Commodore died instantaneously – where the driver of the Hyundai sustained grievous bodily harm – where the applicant was not speeding – where the applicant was not under the influence of alcohol or drugs – where the applicant was sentenced to five years imprisonment suspended after 15 months with an operational period of five years – where the applicant was disqualified from holding or obtaining a driver's licence for two years – whether the applicant's conduct was momentary inattention or prolonged inattention – whether the sentence imposed was manifestly excessive

R v Allen[2012] QCA 259, cited
R v Maher[2012] QCA 7, cited
R v McGuigan[2004] QCA 381, cited
R v Murphy[2009] QCA 93, cited
R v Price[2005] QCA 52, cited
R v Wilde; ex parte A-G (Qld) (2002) 135 A Crim R 538; [2002] QCA 501, cited

COUNSEL:

J P Benjamin for the applicant
B J Power for the respondent

SOLICITORS:

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

MARGARET McMURDO P: The applicant, Murray Huxtable, pleaded guilty on 1 November 2013 to dangerous operation of a vehicle causing death and grievous bodily harm on 27 July 2011. On 14 March 2014…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Huxtable

Details

AGLC: R v Huxtable [2014] QCA 249
Case: [2014] QCA 249
Decision Date: 3 October 2014

CaseChat Overview and Summary

The appellant in this case, Huxtable, appealed against the sentence imposed by the court following his conviction for dangerous operation of a motor vehicle causing death and grievous bodily harm. Huxtable was a professional driver who, while driving an unladen tip truck towing a trailer, collided with the rear of a Holden Commodore that had stopped at an intersection. The collision caused the Commodore to be forced across the centre line, resulting in a fatal impact with a Hyundai. The driver of the Commodore died, and the driver of the Hyundai sustained grievous bodily harm. Huxtable was not speeding and was not under the influence of alcohol or drugs at the time of the incident. He was sentenced to five years imprisonment, suspended after 15 months, with an operational period of five years. He was also disqualified from holding or obtaining a driver's licence for two years. Huxtable argued that his conduct was momentary inattention rather than prolonged inattention, and that the sentence imposed was manifestly excessive.

The primary legal issue before the court was whether the sentence imposed was manifestly excessive or inadequate. The court considered whether Huxtable's conduct was momentary inattention or prolonged inattention, and whether the sentence was appropriate given the circumstances of the case. The court noted that while Huxtable was not speeding or under the influence of drugs or alcohol, his momentary inattention resulted in a tragic outcome. The court also noted that Huxtable was a professional driver and that his actions had a significant impact on the victims and their families.

The court held that the sentence imposed was manifestly excessive. The court found that while Huxtable's momentary inattention resulted in a tragic outcome, it was not the type of conduct that warranted such a severe sentence. The court noted that Huxtable had no prior criminal history and that he had expressed remorse for his actions. The court also noted that the sentence imposed would have a significant impact on Huxtable's career and personal life. The court held that a sentence of three and a half years imprisonment, suspended after 14 months, with an operational period of three and a half years, was appropriate in the circumstances.

The court allowed the appeal against sentence and varied the sentence imposed at first instance. The sentence of five years imprisonment, suspended after 15 months, with an operational period of five years, was vacated, and a sentence of three and a half years imprisonment, suspended after 14 months, with an operational period of three and a half years, was imposed in its place. The sentence imposed at first instance was otherwise confirmed.

Orders

Orders of the court

1. The application for leave to appeal against sentence is granted.

2. The appeal against sentence is allowed.

3. The sentence imposed at first instance is varied by vacating the sentence of five years imprisonment suspended after 15 months with an operational period of five years, and instead imposing a sentence of three and a half years imprisonment suspended after 14 months with an operational period of three and a half years.

4. The sentence imposed at first instance is otherwise confirmed.

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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CITATION:	R v Huxtable [2014] QCA 249
PARTIES:	R v HUXTABLE, Murray John (applicant)
FILE NO/S:	CA No 48 of 2014 DC No 244 of 2013
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Rockhampton
DELIVERED ON:	3 October 2014
DELIVERED AT:	Brisbane
HEARING DATE:	29 August 2014
JUDGES:	Margaret McMurdo P and Fraser JA and Alan Wilson J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. The application for leave to appeal against sentence is granted. 2. The appeal against sentence is allowed. 3. The sentence imposed at first instance is varied by vacating the sentence of five years imprisonment suspended after 15 months with an operational period of five years, and instead imposing a sentence of three and a half years imprisonment suspended after 14 months with an operational period of three and a half years. 4. The sentence imposed at first instance is otherwise confirmed.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to dangerous operation of a motor vehicle causing death and grievous bodily harm – where the applicant was a professional driver – where the applicant was driving an unladen tip trick towing a trailer – where the applicant was travelling behind a Holden Commodore –where the driver of the Commodore stopped at an intersection – where the applicant did not brake in time to avoid colliding with the rear of the Commodore – where the applicant's truck forced the Commodore across the centre line into the path of a Hyundai – where the driver of the Commodore died instantaneously – where the driver of the Hyundai sustained grievous bodily harm – where the applicant was not speeding – where the applicant was not under the influence of alcohol or drugs – where the applicant was sentenced to five years imprisonment suspended after 15 months with an operational period of five years – where the applicant was disqualified from holding or obtaining a driver's licence for two years – whether the applicant's conduct was momentary inattention or prolonged inattention – whether the sentence imposed was manifestly excessive R v Allen[2012] QCA 259, cited R v Maher[2012] QCA 7, cited R v McGuigan[2004] QCA 381, cited R v Murphy[2009] QCA 93, cited R v Price[2005] QCA 52, cited R v Wilde; ex parte A-G (Qld) (2002) 135 A Crim R 538; [2002] QCA 501, cited
COUNSEL:	J P Benjamin for the applicant B J Power for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent