SUPREME COURT OF QUEENSLAND
CITATION: R v Katia; ex parte A-G (Qld) [2006] QCA 300 PARTIES: R
v
KATIA, Moses Rupert
(respondent)EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 111 of 2006 SC No 989 of 2005
DIVISION: Court of Appeal PROCEEDING: Sentence Appeal by A-G (Qld) ORIGINATING
COURT:Supreme Court at Brisbane DELIVERED ON: 22 August 2006 DELIVERED AT: Brisbane HEARING DATE: 3 August 2006 JUDGES: McMurdo P, Holmes JA and Mullins J
Separate reasons for judgment of each member of the Court,
each concurring as to the order madeORDER: Appeal against sentence dismissed CATCHWORDS:
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER - APPLICATIONS TO INCREASE SENTENCE - OFFENCES AGAINST THE PERSON - where respondent pleaded guilty to unlawfully killing deceased, robbing him with personal violence and stealing his shoes and mobile phone - where respondent's effective total sentence was eight years imprisonment with a recommendation for parole eligibility after three years - where Attorney-General contends that sentence imposed is manifestly inadequate - where respondent and co-offender had been drinking heavily before they stole shoes and mobile phone from deceased who was also heavily intoxicated - where respondent returned to strike deceased and steal from him again - whether Attorney-General must demonstrate error on the part of the primary court - whether respondent's sentence was within appropriate range in all the circumstances
Criminal Code 1899 (Qld), s 669A Dinsdale v The Queen (2000) 202 CLR 321, applied
R v Bojovic [2000] 2 Qd R 183, distinguished
R v Duncombe [2005] QCA 142; CA No 410 of 2004, 6 May2005, explained
R v George; ex parte A-G (Qld) [2004] QCA 450; CA No
316 of 2004, 26 November 2004, cited
R v Liekefett; ex parte A-G (Qld) [1973] Qd R 355, applied R v Melano; ex parte A-G (Qld) [1995] 2 Qd R 186, applied R v Stepto [2002] QCA 10; CA No 220 of 2001, 4 February
2002, distinguished
Weiss v The Queen (2005) 80 ALJR 444, applied York v The Queen (2005) 79 ALJR 1919, applied
COUNSEL: M J Copley for appellant
R A Mulholland QC for respondentSOLICITORS: Director of Public Prosecutions (Queensland) for appellant
Gilshenan & Luton for respondent
McMURDO P: The respondent Moses Katia pleaded guilty on 31 March 2006 to unlawfully killing Paul Bernard Markham, to robbing him with personal violence and to stealing his shoes and mobile phone. He was sentenced for manslaughter to eight years imprisonment with a recommendation for post-prison community-based release eligibility after three years and to lesser concurrent sentences on the other counts. The appellant, the Attorney-General of Queensland, appeals under s 669A Criminal Code 1899 (Qld) contending that this Court should substitute a sentence of 10 years imprisonment.
Katia was 18 at the time of the offences and 19 at sentence. He was born in…
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- Case
- [2006] QCA 300
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to determine were whether the Attorney-General must demonstrate an error on the part of the primary court and whether the respondent's sentence was within the appropriate range in all the circumstances. The court had to consider the nature of the offence and the circumstances surrounding it, including the fact that the respondent and co-offender had been drinking heavily before they stole the shoes and mobile phone from the deceased who was also heavily intoxicated. Additionally, the court had to consider whether the respondent's return to strike the deceased and steal from him again warranted a harsher sentence.
The court found that the Attorney-General did not need to demonstrate an error on the part of the primary court. The court also found that the respondent's sentence was within the appropriate range in all the circumstances. The court considered the nature of the offence, the circumstances surrounding it, and the fact that the respondent had pleaded guilty and expressed remorse. The court found that the sentence was sufficient to achieve the purposes of punishment, deterrence, and rehabilitation. The appeal against the sentence was dismissed.
Orders
Orders of the court
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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