R v Manners; ex parte A-G (Qld)

SUPREME COURT OF QUEENSLAND

CITATION:

R v Manners; ex parte A-G (Qld)  [2002] QCA 301

PARTIES:

R
v
MANNERS, Desmond James
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 176 of 2002
DC No 1038 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

20 August 2002

DELIVERED AT:

Brisbane

HEARING DATE:

6 August 2002

JUDGES:

McPherson and Williams JJA and Holmes J
Separate reasons for judgment of each member of the Court; McPherson and Williams JJA concurring as to the orders made, Holmes J dissenting.

ORDERS:

Allow the appeal.1.    

Set aside the sentence imposed and substitute a sentence of two years’ imprisonment suspended after 11 months with an operational period of four years.2.    

The term of disqualification should stand.3.    

4.A warrant should issue for the arrest of the respondent but lie in the Registry fora period of 48 hours.

     

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM – GENERALLY – where respondent convicted of the offence of dangerous operation of a motor vehicle causing death and received a sentence of 2 years’ imprisonment, suspended after three months, with an operational period of 4 years and disqualification of drivers licence for 3 years – whether the sentence was manifestly inadequate

R v Balfe [1998] QCA 14; CA No 444 of 1997, 20 February 1998, considered
R v Melano (1994) 75 A Crim R 392, applied

COUNSEL:

R G Martin for the appellant
B G Devereux for the respondent

SOLICITORS:

Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent

1. McPHERSON JA:  I agree with the reasons of Williams JA.  The appeal should be allowed.  There should be orders in the terms set out in his Honour’s reasons.

1. WILLIAMS JA:  The respondent was convicted after trial of the offence of dangerous operation of a motor vehicle causing death.  He was sentenced to two years’ imprisonment, suspended after three months, with an operational period of four years.  He was also disqualified from holding a drivers licence for a period of three years.  The Attorney-General now appeals against that sentence.

1. On Thursday 18 November 1999 at about 8.30 a.m. the respondent was driving a semi-trailer loaded with gravel in Kluver Street, Bald Hills.  Photographs show that in the vicinity of where the incident occurred the road was relatively narrow and running through a suburban residential area.  The incident occurred as the respondent was attempting to navigate a sharp, blind corner to his left.  As he approached that corner there was an advisory speed sign indicating a speed of 30 kilometres per hour.  On the evidence before the jury the respondent attempted to negotiate the corner at a speed probably in the range 31.5 to 34 kilometres per hour.  The vehicle, which was carrying a load of just under 20 tonnes of gravel, was unable to take the curve on its…