SUPREME COURT OF QUEENSLAND
CITATION: R v Josey; ex parte A-G (Qld) [2003] QCA 44
PARTIES: R
v
JOSEY, Michael Keith
(respondent/applicant)
EX PARTE ATTORNEY GENERAL OF QUEENSLAND
(appellant)FILE NO/S: CA No 1 of 2003
CA No 32 of 2003
DC No 2766 of 2002
DC No 2767 of 2002DIVISION: Court of Appeal
PROCEEDING: Application for Extension (sentence)
Appeal against sentence by A-G (Qld)ORIGINATING COURT:
District Court at Brisbane
DELIVERED EX TEMPORE ON:
17 February 2003
DELIVERED AT:
Brisbane
HEARING DATE:
17 February 2003
JUDGES:
McMurdo P, Jerrard JA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS: Application for extension of time to appeal sentence struck out
Appeal against sentence dismissedCATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - where application for extension of time to apply for leave to appeal abandoned
CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL – APPLICATIONS TO INCREASE SENTENCE - where respondent convicted of a number of housebreaking and property offences - whether the sentence imposed was manifestly inadequate –whether learned sentencing judge gave too much weight to factors of mitigation
Penalties and Sentences Act 1992 (Qld) s 189, s 161
R v Kavanagh [1993] QCA 159; CA No 64 of 1993, 5 April 1993, distinguished
R v Kunst [2002] QCA 400; CA No 120 of 2002, 4 October 2002, considered
R v Savo [1994] QCA 513; CA No 334 of 1994, 25 October 1994, distinguished
R v Whelan [1998] QCA 151; CA No 430 of 1997, 17 March 1998, appliedCOUNSEL: R East for the respondent/applicant
D L Meredith for the appellantSOLICITORS: Legal Aid Queensland for the respondent/applicant
Director of Public Prosecutions (Queensland) for the applicant
THE PRESIDENT: The application for extension of time to apply for leave to appeal against sentence has been abandoned and is struck out.
...
THE PRESIDENT: The appellant pleaded guilty on the 11th of December 2002 in the Brisbane District Court to a large number of property offences contained in two ex-officio indictments and a schedule of offences under s 189 of the Penalties andSentences Act 1992 (Qld).
The two count indictment included the offences of entering a dwelling and stealing and unlawful use of a motor vehicle. The 16 count indictment contained one count of attempted entering premises with intent; seven counts of entering a dwelling and committing an indictable offence; two counts of unlawful use of a motor vehicle; two counts of stealing; one count of escaping lawful custody; one count of destroying evidence; and two counts of fraud.
The section 189 schedule related to 52 counts of burglary, burglary and steal or housebreaking and steal; two counts of unlawful entry of a motor vehicle; 22 counts of stealing;
3 counts of fraud; 34 counts of entering a dwelling and stealing; entering a dwelling and committing an indictable offence or entering a dwelling with intent; two…
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- AGLC
- R v Josey; ex parte [2003] QCA 44
- Case
- [2003] QCA 44
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing remarks and the overall circumstances of the case to determine if the sentence imposed was manifestly inadequate. It was noted that the sentencing judge had indeed considered both the aggravating and mitigating factors, albeit with a particular emphasis on the latter. The Crown contended that the mitigating factors did not warrant such significant weight, suggesting that the sentence should have been harsher. However, the court found that the sentencing judge had acted within the bounds of judicial discretion and had provided adequate reasoning for the sentence imposed. The court held that the sentence was not manifestly inadequate and that the learned sentencing judge had not erred in the way they weighed the mitigating factors.
Consequently, the application for an extension of time to appeal the sentence was struck out, and the appeal against the sentence was dismissed. The court upheld the original sentence, affirming that the sentencing judge's decision was lawful and appropriately balanced the various factors considered during sentencing.
Orders
Orders of the court
Application for extension of time to appeal sentence struck out
Appeal against sentence dismissed
Background
Background to the litigation
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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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