R v Kennedy

[2017] QCA 272

SUPREME COURT OF QUEENSLAND

CITATION:

R v Kennedy [2017] QCA 272

PARTIES:

R
v
KENNEDY, Danielle Elizabeth
(applicant)

FILE NO/S:

CA No 170 of 2017
DC No 244 of 2017

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

District Court at Southport – Date of Sentence: 11 May 2017 (Kent QC DCJ)

DELIVERED ON:

10 November 2017

DELIVERED AT:

Brisbane

HEARING DATE:

8 November 2017

JUDGES:

Sofronoff P and Gotterson and Philippides JJA

ORDER:

The application for an extension of time to seek leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was sentenced following her pleas of guilty to five years’ imprisonment for arson, two years’ imprisonment for assault occasioning bodily harm whilst armed, two years’ imprisonment for assault occasioning bodily harm and 18 months’ imprisonment for burglary whilst armed, with parole eligibility after 18 months on the arson count and a parole release date of 8 November 2018 on the other counts – where the applicant’s conduct was described by the sentencing judge as vindictive – where the applicant suffered from an adjustment disorder and symptoms of depression and had significant health problems – where the applicant contended that the sentences were manifestly excessive – where the applicant contended that she suffered a severe blow to the head and did not believe that she had committed the offences – where the applicant alleged that she had not received advice as to the 28 day time limit for bringing the application – whether there was adequate explanation for the delay – whether refusing the application would result in a miscarriage of justice – whether an extension of time should be granted

R v Francis[2014] QCA 258, cited
R v Leslie[2016] QCA 15, cited
R v Silasack[2009] QCA 88, cited

COUNSEL:

The applicant appeared on her own behalf
D Balic for the respondent

SOLICITORS:

The applicant appeared on her own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. SOFRONOFF P:  I agree with the reasons of Philippides JA and with the order her Honour proposes.

2. GOTTERSON JA:  I agree with the order proposed by Philippides JA and with the reasons given by her Honour.

3. PHILIPPIDES JA:  The applicant seeks an extension of time in which to seek leave to appeal against sentences imposed on 11 May 2017 on the ground that they were manifestly excessive.

4. The applicant was sentenced on her pleas of guilty to concurrent sentences as follows:

   ·five years’ imprisonment on one count of arson (count 3);

   ·two years’ imprisonment on each of one count of assault occasioning bodily harm whilst armed (count 2) and one count of assault occasioning bodily harm (count 4); and

   ·18 months’ imprisonment on one count of burglary whilst armed (count 1).

5. On count 3, parole eligibility was set after 18 months’ imprisonment and for the other…