R v Jones - [2008] QCA 181

SUPREME COURT OF QUEENSLAND

CITATION:

R v Jones [2008] QCA 181

PARTIES:

R
v
JONES, Matthew Kenneth
(applicant/appellant)

FILE NO/S:

CA No 73 of 2008
DC No 58 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED EX TEMPORE ON:

10 July 2008

DELIVERED AT:

Brisbane

HEARING DATE:

10 July 2008

JUDGES:

McMurdo P, Muir JA and Mackenzie AJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   The indictment presented to the Southport District Court be amended by correcting the spelling of the applicant's name to "MATTHEW KENNETH JONES"

2.   Application for leave to appeal granted

3.   Appeal allowed

4.   Set aside the sentence imposed at first instance

5.   Instead, a sentence of 18 months imprisonment is substituted and a parole release date is fixed at 10 September 2008

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 – applicant sentenced to three years imprisonment with a parole release date fixed after 15 months on a plea of guilty to one count of unlawful wounding – applicant smashed beer glass into face of complainant – applicant's conduct unprovoked and unpremeditated – complainant scarred, but not disfigured – applicant of otherwise good character and remorseful – whether sentence manifestly excessive

Lowe v The Queen (1984) 154 CLR 606, cited
R v Berryman [2005] QCA 471, distinguished
R v Hays; ex parte A-G [1999] QCA 443, considered
R v Jasser [2004] QCA 14, considered
R v Kimmins [2006] QCA 438, considered
R v Toohey [2001] QCA 149, considered

Wong v The Queen (2001) 207 CLR 584, cited

COUNSEL:

A Vasta QC, with D Pratt, for the applicant/appellant
G P Cash for the respondent

SOLICITORS:

McMillan Criminal Law for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT: The Court orders: 1. That the indictment presented in the Southport District in this matter be amended by correcting the spelling of the applicant's name to
M-A-T-T-H-E-W K-E-N-N-E-T-H Jones.

The applicant, Matthew Kenneth Jones, pleaded guilty on the 10th March 2008 in the District Court at Southport to one count of unlawful wounding. He was sentenced to three years imprisonment with a parole release date fixed at 10 June 2009, that is, after 15 months.

He applies for leave to appeal against that sentence, contending that it is manifestly excessive and that a sentence with a parole release date of, or suspended from, 10 September 2008, that is, after 6 months, should be substituted.

Mr Jones was 23 at the time of the offence and 24 at sentence. He had no previous convictions.

The circumstances surrounding the offence were as follows. On 16 June 2006, at about 9 pm, the complainant and a friend walked to the Varsity Tavern at the Gold Coast. They were…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Jones

Details

AGLC: R v Jones [2008] QCA 181
Case: [2008] QCA 181
Decision Date: 10 July 2008

CaseChat Overview and Summary

The applicant, Matthew Kenneth Jones, appealed against his sentence following a guilty plea to one count of unlawful wounding. The sentencing court, the Southport District Court, had sentenced Jones to three years imprisonment with a parole release date fixed after 15 months. Jones's appeal was heard in the Queensland Court of Appeal, where the court was required to determine whether the sentence was manifestly excessive.

The primary legal issue before the court was whether the sentence imposed by the lower court was manifestly excessive. The court considered the nature of the offence, the applicant's conduct, the circumstances surrounding the incident, and the applicant's background. The court noted that Jones's actions were unprovoked and unpremeditated, resulting in the complainant being scarred, but not disfigured. Additionally, Jones was of otherwise good character and remorseful.

The Court of Appeal, after considering the totality of the circumstances, found that the sentence imposed was manifestly excessive. The court considered the severity of the injury inflicted, Jones's lack of prior criminal history, and his remorse. The court also noted that the sentence was significantly higher than sentences imposed in similar cases. Consequently, the court granted the application for leave to appeal, allowed the appeal, set aside the original sentence, and substituted it with a sentence of 18 months imprisonment with a parole release date of 10 September 2008. The court also ordered the correction of the applicant's name in the indictment to "MATTHEW KENNETH JONES".

Orders

Orders of the court

1. The indictment presented to the Southport District Court be amended by correcting the spelling of the applicant's name to "MATTHEW KENNETH JONES"

2. Application for leave to appeal granted

3. Appeal allowed

4. Set aside the sentence imposed at first instance

5. Instead, a sentence of 18 months imprisonment is substituted and a parole release date is fixed at 10 September 2008

Background

Background to the litigation

Full text does not contain this section.

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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CITATION:	R v Jones [2008] QCA 181
PARTIES:	R v JONES, Matthew Kenneth (applicant/appellant)
FILE NO/S:	CA No 73 of 2008 DC No 58 of 2008
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Southport
DELIVERED EX TEMPORE ON:	10 July 2008
DELIVERED AT:	Brisbane
HEARING DATE:	10 July 2008
JUDGES:	McMurdo P, Muir JA and Mackenzie AJA Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. The indictment presented to the Southport District Court be amended by correcting the spelling of the applicant's name to "MATTHEW KENNETH JONES" 2. Application for leave to appeal granted 3. Appeal allowed 4. Set aside the sentence imposed at first instance 5. Instead, a sentence of 18 months imprisonment is substituted and a parole release date is fixed at 10 September 2008
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 – applicant sentenced to three years imprisonment with a parole release date fixed after 15 months on a plea of guilty to one count of unlawful wounding – applicant smashed beer glass into face of complainant – applicant's conduct unprovoked and unpremeditated – complainant scarred, but not disfigured – applicant of otherwise good character and remorseful – whether sentence manifestly excessive Lowe v The Queen (1984) 154 CLR 606, cited R v Berryman [2005] QCA 471, distinguished R v Hays; ex parte A-G [1999] QCA 443, considered R v Jasser [2004] QCA 14, considered R v Kimmins [2006] QCA 438, considered R v Toohey [2001] QCA 149, considered Wong v The Queen (2001) 207 CLR 584, cited
COUNSEL:	A Vasta QC, with D Pratt, for the applicant/appellant G P Cash for the respondent
SOLICITORS:	McMillan Criminal Law for the applicant/appellant Director of Public Prosecutions (Queensland) for the respondent