R v Johnston

[2004] QCA 12

SUPREME COURT OF QUEENSLAND

CITATION:

R v Johnston [2004] QCA 12

PARTIES:

R
v
JOHNSTON, Shane Gregory
(applicant)

FILE NO/S:

CA No 263 of 2003
DC No 718 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

6 February 2004

DELIVERED AT:

Brisbane

HEARING DATE:

6 February 2004

JUDGES:

McMurdo P and Davies and McPherson JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application dismissed

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – OTHER OFFENCES AGAINST THE PERSON – ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM – SENTENCING – where applicant found guilty after a trial of causing grievous bodily harm by stabbing the complainant with a large knife – whether sentence of six years imprisonment within range 

R v Bryan [2003] QCA 18; CA No 410 of 2002, 5 February 2003

COUNSEL:

S R Lewis for the applicant
S G Bain for the respondent

SOLICITORS:

A W Bale & Son for the applicant
Director of Public Prosecutions (Queensland) for the respondent

McPHERSON JA:  The applicant for leave to appeal was sentenced after a trial in the District Court at Brisbane of one count of causing grievous bodily harm.  He was sentenced to imprisonment for six years.

On the 3rd of August 2001, the complainant was visiting a friend, Maree Peters, at her home in Alderley.  He arrived at the house some time after 9 a.m. and the applicant arrived there some 45 minutes later. A group of people, including the complainant, were seated at a table in an area under the house.  After his arrival, the applicant stood on the other side of the table looking intently at the complainant.

The complainant gave evidence that the applicant suddenly came around to the complainant's side of the table, taking out of his back pocket a large knife with a blade of about 15 centimetres in length that was described as “serrated”. He walked towards the complainant and stabbed him in the left part of his chest.  There had been no prior provocation or dispute and in fact nothing had been said between them.  The applicant then left going down the driveway towards his car, calling out, "the games just began."

At the trial he did not give any evidence and there is no explanation of this remark or of why he stabbed the complainant or in any way contradicting the complainant's version of events as given at the trial.  There was indeed no evidence at the trial from any of the others, apart from the complainant, who were present on this occasion.

The complainant was taken to a hospital where he underwent emergency surgery.  The surgeon who treated him said that the complainant sustained a laceration to his diaphragm, a collapsed lung, a perforated stomach and a lacerated liver.  He lost a substantial quantity of blood.  It was likely that he would have died without medical…