SUPREME COURT OF QUEENSLAND
CITATION:
R v Ma [2012] QCA 317
PARTIES:
R
v
MA, Qianli
(applicant)FILE NO/S:
CA No 245 of 2012
DC No 1357 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at BrisbaneDELIVERED ON:
20 November 2012
DELIVERED AT:
Brisbane
HEARING DATE:
6 November 2012
JUDGES:
Margaret McMurdo P and White JA and Daubney J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant pleaded guilty to unlawful wounding and was sentenced to 18 months imprisonment, suspended after three months with an operational period of 18 months – where applicant’s counsel below contended for head sentence of 18 months imprisonment – whether sentence manifestly excessive in all the circumstances
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA – PARTICULAR CASES – where applicant pleaded guilty to unlawful wounding – where applicant challenged veracity of Schedule of Facts agreed to below – where applicant’s lawyer had taken applicant through Schedule – where applicant had benefit of interpreter and Schedule was explained orally before primary judge – where applicant had been advised his case was not strong – whether applicant’s plea of guilty was made in the exercise of a free choice – whether miscarriage of justice
Criminal Code (Qld), s 323(1)
Migration Act 1950 (Cth), s 501Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited
R v Bob; ex parte Attorney-General (Qld)[2003] QCA 129, cited
R v Cui[2009] QCA 334, considered
R v Frame[2009] QCA 9, cited
R v Kidner[2005] QCA 430, considered
R v Lewis, ex parte Attorney-General (Qld) [2003] QCA 133, considered
R v McDonald[2003] QCA 439, consideredCOUNSEL:
The applicant appeared on his own behalf, assisted by an interpreter
D R Kinsella for the respondentSOLICITORS:
The applicant appeared on his own behalf, assisted by an interpreter
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with White JA’s reasons for refusing this application for leave to appeal against sentence.
WHITE JA: The applicant pleaded guilty in the District Court at Brisbane on 28 August 2012 to one count of unlawful wounding. He was sentenced to 18 months imprisonment to be suspended after serving three months with an operational period of 18 months. The applicant is a Chinese citizen who was, at the time of the incident giving rise to the charges – 22 January 2012 – a student enrolled at the South Bank TAFE studying building design. In his application for leave to appeal his sentence he contends that it is manifestly excessive but his written submissions raise other matters relating to his conviction.
He required the services of an interpreter in Mandarin…
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- AGLC
- R v Ma [2012] QCA 317
- Case
- [2012] QCA 317
- Decision Date
CaseChat Overview and Summary
The court considered two main legal issues: whether the sentence was manifestly excessive or inadequate, and whether the guilty plea was made in the exercise of a free choice, given the applicant's concerns about the Schedule of Facts. The court examined the circumstances under which the plea was entered, including the applicant's access to an interpreter, the explanation of the Schedule of Facts, and the advice that his case was not strong. The court also assessed the proportionality and appropriateness of the sentence imposed.
Upon reviewing the arguments and the context of the case, the court found that the sentence was not manifestly excessive and that the guilty plea was indeed made in the exercise of a free choice. The court determined that the applicant had been adequately informed and that the plea was made with a full understanding of the consequences. Consequently, the court dismissed the application and upheld both the conviction and the sentence.
The court's final order was that the application was refused, and the conviction and sentence remained intact.
Orders
Orders of the court
Application 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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