SUPREME COURT OF QUEENSLAND
CITATION:
R v Lennon [2005] QCA 10
PARTIES:
R
v
LENNON, Terry Kevin
(applicant)FILE NO/S:
CA No 393 of 2004
DC No 161 of 2004
DC No 463 of 2004
DC No 464 of 2004
DC No 465 of 2004
DC No 466 of 2004
DC No 467 of 2004DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh
DELIVERED EX TEMPORE ON:
7 February 2005
DELIVERED AT:
Brisbane
HEARING DATE:
7 February 2005
JUDGES:
McMurdo P, McPherson JA and Jerrard JA
Separate reasons for judgment of each member of the court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence refused
CATCHWORDS:
CRIMINAL LAW – JURISIDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – where applicant sentenced to a term of imprisonment with a recommendation for post-prison community based release four months less than the statutory eligibility date – where guilty plea entered on all offences – where applicant voluntarily informed authorities of involvement in offences that were not attributed to him – where applicant had a lengthy criminal history for like offences – where applicant committed a number of the offences whilst on bail – whether sentence manifestly excessive in all the circumstances – whether applicant given insufficient credit for mitigating matters
Penalties and Sentences Act 1992 (Qld), s 13
R v Faramus [1999] QCA 167, CA No 30 of 1999, 11 May 1999, considered
COUNSEL:
A W Moynihan for the applicant
M J Copley for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
THE PRESIDENT: Mr Lennon pleaded guilty in the District Court at Beenleigh to counts of unlawful use of a motor vehicle to facilitate the commission of an indictable offence, break enter and steal, dangerous operation of a motor vehicle with a circumstance of aggravation, entering premises with intent to commit an indictable offence, unlawfully entering a motor vehicle with intent to commit an indictable offence in the night-time, four counts of burglary and fifteen counts of burglary and stealing. These 24 offences were contained in five indictments, four of which were presented ex officio. Mr Lennon was also dealt with for 11 summary offences for behaviour which included driving under the influence, unlicensed driving, failing to stop a vehicle, assaulting and obstructing police, breaching bail, failing to take reasonable care when disposing of a syringe and possession of tainted property, a bottle of perfume. He was sentenced to an effective term of four years imprisonment with a recommendation that he be eligible for post-prison community-based release after serving 20 months. Thirty-three days of pre-sentence custody was declared as time already served under the sentence and he was disqualified from holding a drivers license for three years. He contends that the effective sentence imposed, four years imprisonment with a recommendation for parole after 20 months, was manifestly excessive.
The offences occurred…
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- AGLC
- R v Lennon [2005] QCA 10
- Case
- [2005] QCA 10
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive, taking into account the various mitigating factors presented by the applicant. The court was required to consider whether the sentencing judge had given insufficient credit to the mitigating factors, particularly the applicant's guilty plea and voluntary disclosure, and whether these factors warranted a lesser sentence than the one imposed.
In examining the sentence, the court noted that the applicant had a lengthy criminal history for similar offences and had committed some of the current offences while on bail. The court found that the sentencing judge had adequately considered the mitigating factors, including the applicant's guilty plea and voluntary disclosure, and had balanced these against the aggravating factors. The court concluded that the sentence was not manifestly excessive, as it took into account the various mitigating factors and the applicant's criminal history. Therefore, the application for leave to appeal against the sentence was refused.
Orders
Orders of the court
Application for leave to appeal against sentence 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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