SUPREME COURT OF QUEENSLAND
CITATION:
R v Lucas [2011] QCA 146
PARTIES:
R
v
LUCAS, Gayne Terrance
(applicant)FILE NO/S:
CA No 240 of 2010
DC No 245 of 2010
DC No 1130 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
24 June 2011
DELIVERED AT:
Brisbane
HEARING DATE:
24 May 2011
JUDGES:
Muir JA, Margaret Wilson AJA and Fryberg J
Separate reasons for judgment of each member of the court, each concurring as to the order made.ORDERS:
Application for leave to appeal against sentence dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant engaged in gratuitous street violence on two occasions – where applicant pleaded guilty to one count of doing grievous bodily harm, three counts of assault occasioning bodily harm whilst armed, one count of assault occasioning bodily harm whilst in company and two counts of common assault – where applicant sentenced to imprisonment for six years –where pre-sentence custody of 451 days declared time already served – where no parole eligibility date set – where no declaration made that applicant a serious violent offender – where applicant contends sentence manifestly excessive as no parole eligibility date set – whether sentence manifestly excessive
Corrective Services Act 2006 (Qld), s 182, s 184
Penalties and Sentences Act 1992 (Qld), s 160C, s 161BR v AAF[2008] QCA 235, cited
R v Bryan; ex parte A-G (Qld) [2003] QCA 18, cited
R v Carter[2008] QCA 226, cited
R v Honeysett; ex parte A-G (Qld)[2010] QCA 212, cited
R v Lewis, ex parte A-G (Qld)[2003] QCA 133, cited
R v Thomason; ex parte A-G (Qld)[2011] QCA 9, cited
R v Walsh[2008] QCA 391, citedCOUNSEL:
D R Lynch for the applicant
M B Lehane for the respondentSOLICITORS:
Ryan & Bosscher Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
[1] MUIR JA: I agree that the application for leave to appeal against sentence should be dismissed for the reasons given by Margaret Wilson AJA.
[2] MARGARET WILSON AJA: The applicant pleaded guilty to one count of doing grievous bodily harm, three counts of assault occasioning bodily harm whilst armed, one count of assault occasioning bodily harm whilst in company and two counts of common assault. He was given a head sentence of six years. Pre-sentence custody of 451 days was declared time already served under the sentence. No parole eligibility date was set.
[3] The applicant seeks leave to appeal against the sentences on the ground that the failure to set an early parole eligibility date made them manifestly excessive.
[4] The applicant is a young man – 18 years at the time of offending, and 19 years at sentence. He committed these offences in the course of gratuitous street violence on two discrete occasions, 2…
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- AGLC
- R v Lucas [2011] QCA 146
- Case
- [2011] QCA 146
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentence was manifestly excessive or inadequate, focusing on whether the absence of a set parole eligibility date rendered the sentence manifestly excessive. The court noted the seriousness of Lucas’s crimes and the need for general deterrence and denunciation. The absence of a parole eligibility date did not necessarily mean the sentence was manifestly excessive. The court was satisfied the sentence was proportionate to the gravity of the offences and the need to protect the community.
The court dismissed Lucas's application for leave to appeal against the sentence. It found that the absence of a set parole eligibility date did not render the sentence manifestly excessive. The court considered the totality of the circumstances, including the nature and circumstances of the offences, Lucas’s criminal history, and the need for general deterrence and denunciation. The sentence was deemed appropriate and not manifestly excessive.
No further orders were made.
Orders
Orders of the court
Application for leave to 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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