R v Jeffers

[2003] QCA 362

SUPREME COURT OF QUEENSLAND

CITATION:	R v Jeffers [2003] QCA 362
PARTIES:	R v JEFFERS, Darren Christopher (applicant/appellant)
FILE NO/S:	CA No 231 of 2003 DC No 1236 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING  COURT:	District Court at Brisbane
DELIVERED EX	25 August 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	25 August 2003
JUDGES:	McMurdo P, Jerrard JA and Philippides J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	Application for leave to appeal against sentence granted. Appeal allowed. Instead of the sentence imposed at first instance on counts 1, 2, 6, 7 and 8 substitute a sentence of ten years imprisonment. Instead of the declaration under s 161 Penalties and Sentences Act 1992 (Qld), declare that 288 days has been spent in presentence custody between
28 August 2002 until 12 June 2003 and that that time be deemed time already served under the sentence.
CATCHWORDS:	CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – PARITY - CO-OFFENDERS – where applicant sentenced to 11 years imprisonment for robbery offences and lesser concurrent terms of imprisonment for property and assault charges – whether sentence fails to sufficiently take into account early plea of guilty and cooperation with authorities – whether sentence imposed upon co-offender lacked parity - whether sentence manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 161
R v Haluzan [2002] QCA 94; CA No 339 of 2001, 15 March 2002, considered R v Kapitano [2002] QCA 496; CA No 196 of 2002, 11 November 2002, considered R v Tilley; ex parte A-G (Qld) [2002] QCA 144; CA No 27 of 2002, 19 April 2002, considered
COUNSEL:	The applicant appeared on his own behalf P F Rutledge for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent

PRESIDENT: The applicant pleaded guilty on 12 June 2003 to two counts of armed robbery, four counts of armed robbery in company, one count of attempted armed robbery in company, two counts of unlawful use of a motor vehicle to facilitate an offence, one count of serious assault, three counts of break, enter and steal, and one count of possession of a shotgun.

He was sentenced on the robbery offences to eleven years imprisonment and to lesser concurrent terms of imprisonment for the remaining charges. He was declared to be convicted of serious violent offences in respect of the robbery charges and a declaration was made as to the time served under the sentence under s 161 Penalties and Sentences Act 1992 (Qld). I'll have more to say about that declaration later in these reasons.

The applicant, who represents himself on this application for leave to appeal against sentence, contends that it was manifestly excessive in that it fails sufficiently to take into account his early guilty plea and cooperation and lacked parity with the sentence imposed upon his co-accused, Johnson.

The applicant was 36…