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

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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…

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Details
Case
[2002] QCA 301
Decision Date

CaseChat Overview and Summary

In the matter of R v Manners; ex parte A-G (Qld), the Attorney-General for Queensland appealed against the sentence imposed on the respondent, Manners, who was convicted of the offence of dangerous operation of a motor vehicle causing death. The respondent was sentenced to two years’ imprisonment, suspended after three months, with an operational period of four years, and disqualification of his driver’s licence for three years. The Attorney-General argued that the sentence was manifestly inadequate.

The primary legal issue before the court was whether the sentence imposed by the lower court was manifestly inadequate. The court had to assess the severity of the offence and the appropriate punishment in light of the circumstances and statutory guidelines. The court considered the impact of the offence, which resulted in the death of an individual, and the need for deterrence and rehabilitation.

The court found that the sentence was indeed manifestly inadequate. It took into account the severity of the offence, the loss of life, and the need to deter similar conduct in the future. The court noted that the original sentence did not adequately reflect the gravity of the offence and the need for punishment. Consequently, the appeal was allowed, and the sentence was set aside. The court substituted a sentence of two years’ imprisonment suspended after 11 months with an operational period of four years, and the term of disqualification of the driver’s licence was maintained. Additionally, a warrant was issued for the arrest of the respondent, but it was to lie in the Registry for a period of 48 hours.

Orders

Orders of the court

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.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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