R v Jayasuria

[2004] QCA 238

SUPREME COURT OF QUEENSLAND

CITATION:	R v Jayasuria [2004] QCA 238
PARTIES:	R v JAYASURIA, Steven (applicant)
FILE NO/S:	CA No 111 of 2004 DC No 154 of 2004 DC No 1035 of 2001
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Brisbane
DELIVERED EX TEMPORE ON:	19 July 2004
DELIVERED AT:	Brisbane
HEARING DATE:	19 July 2004
JUDGES:	de Jersey CJ, Williams JA and Mackenzie J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application for leave to appeal against sentence dismissed
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 the applicant had an extensive prior criminal history – where the learned sentencing judge imposed a cumulative three year sentence for the attempted armed robbery and a cumulative six year sentence for the robbery with violence – whether the term imposed was manifestly excessive
R v Burton [2001] QCA 124; CA No 31 of 1994, 28 March 1994, cited R v McDonald [2001] QCA 238; CA No 46 of 2001, 6 June 2001, cited R v Tilley; ex parte Attorney-General of Queensland [2002] QCA 144; CA No 27 of 2002, 19 April 2002, cited
COUNSEL:	M J Byrne QC for the applicant R G Martin for the respondent
SOLICITORS:	Callaghan Lawyers for the applicant Director of Public Prosecutions (Queensland) for the respondent

THE CHIEF JUSTICE:  The applicant, when aged 22 to 23 years, committed a spate of offences between August 2001 and September 2002.  They included three counts of wilful damage, entering premises and stealing,  two counts of serious assault on police officers, an attempted armed robbery, the unlawful use of a motor vehicle with a circumstance of aggravation,  entering with intent, breaking and entering and stealing, two counts of armed robbery, two counts of assault occasioning bodily harm while in company, common assault, entering a dwelling house with intent, threatening violence, robbery with personal violence, and nine summary offences.  He pleaded guilty.

The learned sentencing Judge activated previously suspended sentences imposed in respect of entering premises and stealing, and the serious assault of a police officer, requiring the applicant to serve nine months' imprisonment.  And he then imposed other terms of imprisonment in respect of the instant offences.

The material has concentrated on a cumulative three year term imposed for the attempted armed robbery, and a further cumulative six year term imposed for the robbery with violence.  The overall effect of sentence is therefore nine years and nine months.

It was, in a sense, street type offending, but offending, nevertheless, of some gravity.  One of the offences, for example, involved a ram raid using a stolen car to smash into a shopping centre and a jewellery store.

The attempted armed robbery, for which he was imprisoned for three years, involved his…