SUPREME COURT OF QUEENSLAND
CITATION:
R v King [2006] QCA 466
PARTIES:
R
v
KING, Damian Michael
(applicant)FILE NO/S:
CA No 231 of 2006
DC No 589 of 2005
DC No 451 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh
DELIVERED ON:
10 November 2006
DELIVERED AT:
Brisbane
HEARING DATE:
30 October 2006
JUDGES:
McMurdo P, Keane JA and Fryberg J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence is refused
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 - WHEN REFUSED - PARTICULAR OFFENCES - OTHER OFFENCES - applicant pleaded guilty to two counts of assault occasioning bodily harm, one count of wilful damage and three counts of unlawful use of a motor vehicle - for assaults occasioning bodily harm, sentenced to two years imprisonment, suspended after nine months for an operational period of three years - for other offences, sentenced to concurrent six month terms - disqualified from driving for period of three years - whether sentence for assaults occasioning bodily harm is manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 160B
R v Johnson [2002] QCA 283; CA No 143 of 2002, 5 August 2002, considered
R v Pierpoint [2001] QCA 493; CA No 211 of 2001, 13 November 2001, considered
R v Von Pein [2002] QCA 385; CA No 145 of 2002, 25 September 2002, consideredCOUNSEL:
M C Chowdhury for the applicant
D R MacKenzie for the respondentSOLICITORS:
Howden Saggers Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
: McMURDO PLike Keane JA I too would refuse the application for leave to appeal against sentence for the reasons he gives.
The applicant was aged 25 and 26 at the time of the offences and 28 at sentence. He had a concerning prior criminal history for offences of dishonesty, drugs and violence. He had not taken up the many opportunities to rehabilitate offered to him in the past by numerous lenient community-based orders including community service. His offending subsequent to the present assaults did not suggest he had promising future rehabilitative prospects. The assaults on the applicant's 18 and 19 year old partner and mother of his children were serious examples of domestic violence and warranted salutary penalties for reasons of general and personal deterrence.
He did however plead guilty and by the time of sentence seemed to be making commendable efforts to be a responsible father to his three young children and to support rather than terrorize the complainant with whom the children were by then again living. Psychologist Suzanne Drake considered that he was not at a high risk of committing like offences. She noted that he actively needed to seek treatment for his underlying psychological conditions…
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- AGLC
- R v King [2006] QCA 466
- Case
- [2006] QCA 466
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the sentence for the assault occasioning bodily harm was manifestly excessive, warranting an appeal against the sentence. The court needed to consider the principles of sentencing and assess whether the sentence imposed was disproportionate in light of the gravity of the offences and the circumstances of the case. The applicant's arguments focused on the perceived severity of the sentence relative to the nature of the assaults and the fact that the sentence was suspended after a short period.
In reviewing the sentence, the court considered relevant authorities such as R v Johnson, R v Pierpoint, and R v Von Pein, which provided guidance on the principles of sentencing and the appropriate range of sentences for similar offences. The court found that the sentence was within the appropriate range and did not constitute a manifestly excessive punishment. The court emphasised the need for sentences to reflect both the culpability of the offender and the need to deter such behaviour. Given the circumstances and the gravity of the offences, the court concluded that the sentence was not manifestly excessive.
The court refused the application for leave to appeal against the sentence. The reasoning was that the sentence imposed was proportionate to the seriousness of the offences, taking into account all relevant factors, and therefore did not warrant an appeal. The court's decision underscored the importance of maintaining consistency in sentencing and ensuring that sentences are both punitive and deterrent in nature.
Orders
Orders of the court
Application for leave to appeal against sentence is refused
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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