SUPREME COURT OF QUEENSLAND
CITATION:
R v Kraaz [2006] QCA 520
PARTIES:
R
v
KRAAZ, Kayleen Maree
(applicant/appellant)FILE NO/S:
CA No 72 of 2006
DC No 5 of 2006
DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Bowen
DELIVERED ON:
8 December 2006
DELIVERED AT:
Brisbane
HEARING DATE:
6 October 2006
JUDGES:
Keane JA, Mackenzie and Jones JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
1. Application allowed
2. The applicant have leave to reopen the sentencing proceedings
3. The sentence of four years imprisonment be set aside and, in lieu thereof, a sentence of three years and 10 months be imposed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS – WHEN REFUSED – PARTICULAR OFFENCES – PROPERTY OFFENCES applicant convicted of offence of entering a dwelling to commit an indictable offence in company with another – sentenced to four years imprisonment with recommendation for post-prison community based release after serving 18 months – applicant contends that sentence imposed did not reflect the level of her offending compared to her co‑offenders – applicant instigated the commission of the offence – whether sentence was manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – applicant served thirty days pre-sentence custody for a charge which was later dropped – charge was dropped after the learned sentencing judge had passed sentence therefore no allowance was made – respondent does not object to the Court reducing sentence to take into account pre-sentence custody – whether time served in pre-sentence custody for unrelated charges should be considered by the Court
R v Feher [2001] QCA 449; CA No 132 of 2001, 17 October 2001, considered
R v Granato [2006] QCA 25; CA No 285 of 2005, 10 February 2006, considered
R v Mullins and Kluck [2000] QCA 150; CA Nos 387 of 1999, 388 of 1999, 2 May 2000, considered
R v Phillips; ex parte A-G [2001] QCA 544; CA No 229 of 2001, 28 November 2001, consideredCOUNSEL:
P E Smith for the applicant
M J Copley for the respondentSOLICITORS:
Gilshenan & Luton for the applicant
Director of Public Prosecutions (Qld) for the respondent
KEANE JA: I agree with the reasons of Jones J and with the orders proposed by his Honour.
MACKENZIE J: I agree that leave to appeal against sentence should be allowed for the reasons given by Jones J, and that the orders proposed by him be made.
JONES J: The applicant was indicted on a charge of burglary whilst armed and in company with another. This charge allowed for alternate verdicts on five lesser offences. The applicant was acquitted by the jury of the principal offence and four of the…
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- AGLC
- R v Kraaz [2006] QCA 520
- Case
- [2006] QCA 520
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court included whether the sentence imposed was manifestly excessive and whether time served in pre-sentence custody for unrelated charges should be considered. The Court needed to determine if the sentence was disproportionately harsh and whether the applicant's pre-sentence custody for unrelated charges should be taken into account when reducing the sentence.
The Court found that the applicant's sentence was manifestly excessive given her level of involvement and the fact that her co-offenders received lesser sentences. Furthermore, the Court found that the applicant's pre-sentence custody for unrelated charges should be considered when reducing the sentence. As a result, the Court allowed the application, granted the applicant leave to reopen the sentencing proceedings, set aside the original sentence, and imposed a new sentence of three years and 10 months imprisonment.
Orders
Orders of the court
1. Application allowed
2. The applicant have leave to reopen the sentencing proceedings
3. The sentence of four years imprisonment be set aside and, in lieu thereof, a sentence of three years and 10 months be imposed
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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