SUPREME COURT OF QUEENSLAND
CITATION:
R v Marshall [2021] QCA 55
PARTIES:
R
v
MARSHALL, Simon Donald Aubrey
(appellant/applicant)FILE NO/S:
CA No 157 of 2020
CA No 233 of 2020
DC No 810 of 2020
DC No 1476 of 2020
DC No 1492 of 2020DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Brisbane Date of Conviction and Sentence: 21 July 2020 (Sheridan DCJ)
DELIVERED ON:
26 March 2021
DELIVERED AT:
Brisbane
HEARING DATE:
23 March 2021
JUDGES:
Sofronoff P and Morrison JA and Boddice J
ORDERS:
1. The appeal against conviction be dismissed.
2. Leave to appeal against sentence be refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – CONDUCT OF DEFENCE COUNSEL – where the appellant pleaded guilty to grievous bodily harm and other offences – where the appellant contends he entered a plea of guilty as a result of poor legal representation – where the appellant also accepts that he was aware of the factual basis relied upon by the Crown for the offence of grievous bodily harm – where there is no basis for a conclusion that the appellant entered his plea of guilty involuntarily
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was sentenced to four and a half years’ imprisonment on the count of grievous bodily harm and lesser concurrent periods of imprisonment for the remaining offences – where the offence of grievous bodily harm and many of the other offences were committed whilst he was subject to parole and two probation orders – where the appellant was sentenced for a number of other offences committed after the offence of grievous bodily harm as well as some summary offences committed prior to the offence of grievous bodily harm – where the sentence of four and a half years’ imprisonment imposed on the count of grievous bodily harm recognised the totality of the appellant’s criminality for all offences – whether the sentence was manifestly excessive
R v Armstrong[2014] QCA 274, cited
R v Norris[2012] QCA 57, cited
R v Presgrave[2014] QCA 105, citedCOUNSEL:
The appellant/applicant appeared on his own behalf
M T Whitbread for the respondentSOLICITORS:
The appellant/applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: I agree with the reasons of Boddice J and the orders proposed.
MORRISON JA: I have read the reasons of Boddice J and agree with those reasons and the orders his Honour proposes.
BODDICE J: On 21 July 2020, the appellant pleaded guilty to offences of grievous bodily harm, attempted fraud (two), commit public nuisance, enter premises and commit an indictable offence, fraud, stealing (17), stealing from the person and threats.
On the same date, the appellant was sentenced to four and a half years’ imprisonment on the count of grievous bodily harm…
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- R v Marshall [2021] QCA 55
- Case
- [2021] QCA 55
- Decision Date
CaseChat Overview and Summary
The court examined the appellant's claim that he pleaded guilty because of his lawyer's deficient representation. Despite the appellant's assertions, the court found that there was no evidence to suggest that the appellant's plea was not made voluntarily. The court noted that the appellant was well aware of the factual basis for the offence of grievous bodily harm and had not raised any concerns about his legal representation at the time of the plea. Therefore, the court concluded that the appellant's plea was not the result of inadequate legal advice.
Regarding the sentence, the court assessed whether the four and a half years' imprisonment for grievous bodily harm, along with concurrent sentences for other offences, was manifestly excessive or inadequate. The court recognised that many of the offences were committed while the appellant was on parole and subject to probation orders, and that the sentence took into account the totality of the appellant's criminal conduct. After considering the totality of the circumstances, the court found that the sentence was not manifestly excessive.
The court dismissed the appeal against conviction and denied leave to appeal against the sentence. The decision underscores the importance of voluntariness in a guilty plea and the comprehensive consideration of all relevant factors in sentencing.
Orders
Orders of the court
1. The appeal against conviction be dismissed.
2. Leave to appeal against sentence be 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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