R v Irving

[2001] QCA 472

SUPREME COURT OF QUEENSLAND

CITATION:

R v Irving [2001] QCA 472

PARTIES:

R
v
IRVING, Wayne Lyle
(applicant)

FILE NO/S:

CA No 199 of 2001
DC No 156 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Ipswich

DELIVERED ON:

2 November 2001

DELIVERED AT:

Brisbane

HEARING DATE:

26 October 2001

JUDGES:

McPherson JA, Ambrose and Cullinane JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.

ORDER:

Application for leave to appeal against sentence dismissed. Declare that section 161C of the Penalties and Sentences Act 1992 (Qld) has no relevant application to any sentence or sentences of imprisonment that the applicant is now serving or liable to serve.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant committed armed robbery whilst on parole – whether the applicant was convicted of a serious violent offence – whether the sentence of 9 years was manifestly excessive

Corrective Services Act 1988 (Qld), s 190
Penalties and Sentences Act 1992 (Qld), s 156A, s 161C

R v Booth [2001] 1 Qd R 393, considered
R v Powderham [2001] QCA 429, considered
R v Shillingsworth [2001] QCA 172, considered

COUNSEL:

C Chowdhury for the applicant
S Bain for the respondent

SOLICITORS:

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

1. McPHERSON JA:  The applicant for leave to appeal was sentenced to imprisonment for 9 years for armed robbery of a bank at Goodna.  He went into the bank wearing a black balaclava, gloves, a long sleeved black shirt and baggy black trousers.  He was holding a sawn-off semi-automatic rifle with which he menaced the two tellers and the two customers in the bank.  He pointed the gun at the first teller, placed a bag on the counter in front of him, and demanded “all the cash”. While the first teller was fulfilling this demand, the applicant went to the second teller and pointed the gun at her.  He threw another bag on the counter and she began filling it with money. Then he returned to the first teller and took the bag from him before turning back to the second teller. He took the bag from her and moved to the door of the bank pointing the firearm in the direction of  one of the customers as he (the applicant) went out.

1. Acting on information received, the police later arrested the applicant, who agreed to be interviewed. He made a full admission of the offence and later pleaded guilty.  He is 38 years old, and is a long-term heroin addict with a habit requiring about $350 per day to satisfy, whereas his or his partner’s pension amounts to only about $400 per fortnight.  He had been working for Australian Meat Holdings, but had been…