SUPREME COURT OF QUEENSLAND
CITATION: R v Ibrahim [2003] QCA 386 PARTIES: R
v
IBRAHIM, Jalil
(applicant)FILE NO/S: CA No 162 of 2003
DC No 14 of 2003DIVISION: Court of Appeal PROCEEDING: Sentence Application ORIGINATING
COURT:District Court (Southport) DELIVERED EX 3 September 2003 TEMPORE ON: DELIVERED AT: Brisbane HEARING DATE: 3 September 2003 JUDGES: McMurdo P, Dutney and Philippides JJ
Separate reasons for judgment of each member of the Court,
each concurring as to the order madeORDER: Application for leave to appeal against sentence refused CATCHWORDS: CRIMINAL LAW – PARTICULAR OFFENCES –
DRIVING OFFENCES – where applicant driving a motor
vehicle with a BAC of .25 – where speed exceeded 100 km/hr
– where motor vehicle accident occurred and another person
suffered personal injuries – where applicant had four previous
convictions for drink driving and one for failure to supply a
specimen of breathCRIMINAL LAW – SENTENCING – where plea of guilty entered – whether section 13 of the Penalties and Sentences Act 1992 (Qld) requires a sentencing Judge to state in open court that he/she has taken the guilty plea into account in
imposing sentence – whether section 13 of the Penalties and in open court the fact of and reasons therefore if sentence is not reduced
Crimes (Sentencing Procedure) Act 1999 (NSW), s 22
Penalties and Sentences Act 1992 (Qld), s 13
R v Breckenridge [2001] QCA 448; CA No 194 of 2001, 16
October 2001, considered
R v Lennon [1999] QCA 192; CA No 26 of 1999, 26 May
1999, considered
R v Thompson (2000) 49 NSWLR 385, discussedCOUNSEL: A J Kimmins for the Applicant
D A Holliday for the RespondentSOLICITORS: Price Roobottom for the Applicant
Department of Public Prosecutions (Queensland) for the
Respondent
THE PRESIDENT: Justice Dutney will deliver his reasons first.
DUTNEY J: On the 21st of September 2001 the applicant was
apprehended driving a motor vehicle on the Pacific Motorway at
Mudgeeraba with a blood alcohol content of .25.
Whilst travelling at a speed in excess of the 100 kilometre per hour speed limit he collided with the rear of another vehicle causing injuries to that driver's back, head, pelvis and leg. The applicant was unlicensed at the time of the incident.
The applicant pleaded guilty to dangerous operation of a motor vehicle with a circumstance of aggravation, that he was adversely affected by an intoxicating substance. He was sentenced to six years' imprisonment and disqualified absolutely from holding or obtaining a drivers licence.
The applicant had no prior criminal history but had four previous convictions for drink driving offences and one previous conviction for failing to supply a breath specimen. Those offences were committed in 1988, two in 1991, 1999 and 2000. The applicant was unlicensed because he had not reapplied for a licence after his disqualification for the offence in 2000 had expired.
Estimates put the speed of the applicant's vehicle immediately prior to the accident at up to 200 kilometres an…
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- AGLC
- R v Ibrahim [2003] QCA 386
- Case
- [2003] QCA 386
- Decision Date
CaseChat Overview and Summary
The court considered the defendant's driving history, which included four previous driving-related offences, and the seriousness of the current offence, which involved driving under the influence of alcohol and excessive speeding, leading to a motor vehicle accident and personal injury to another person. The court also considered the need for general deterrence and the protection of the public from the risk of harm posed by Ibrahim's conduct. The court found that the sentence imposed upon Ibrahim was appropriate and balanced the principles of punishment, deterrence, and rehabilitation.
Consequently, the court dismissed the application for leave to appeal against the sentence imposed on Ibrahim. The court found that the sentence reflected the seriousness of the offence and the defendant's driving history, and that it was commensurate with the need for general deterrence and the protection of the public. The court was satisfied that the sentence was just and appropriate in all the circumstances of the case. The final order of the court was to refuse the application for leave to appeal against the sentence.
Orders
Orders of the court
Application for leave to appeal against sentence refused
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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