R v Matthews - [2022] QCA 125

SUPREME COURT OF QUEENSLAND

CITATION:

R v Matthews [2022] QCA 125

PARTIES:

R
v
MATTHEWS, Jacob Daniel
(applicant)

FILE NO/S:

CA No 143 of 2021
DC No 251 of 2019

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Maroochydore – Date of Sentence: 15 June 2021 (Cash QC DCJ)

DELIVERED ON:

15 July 2022

DELIVERED AT:

Brisbane

HEARING DATE:

Date of Orders: 21 September 2021
Date of Publication of Reasons: 15 July 2022

JUDGES:

Fraser and McMurdo and Mullins JJA

ORDERS:

Date of Orders: 21 September 2021

1.   Leave to appeal granted.

2.   Appeal allowed.

3.   Set aside the orders made in the District Court at Maroochydore on 15 June 2021.

4.   The applicant be resentenced to the following:

(a)   Count 3 a term of 2 years 3 months imprisonment.

(b) Count 5 a term of 3 months imprisonment.

(c)    Convicted not further punished for Counts 1, 4, 6, 7.

5.   Find that the applicant committed an offence punishable by imprisonment during the operational period of the suspended sentences imposed by Chief Judge O’Brien on 21 March 2016. Order that it is not unjust to order that the applicant serve the whole of the suspended terms of imprisonment. The period that remains to be served is 2 years less 87 days of presentence custody (25 March 2015 to 19 June 2015).

6.   Find that the applicant committed an offence punishable by imprisonment during the further extended operational period of 12 months ordered by Chief Judge O’Brien on 31 March 2016 in respect of the suspended terms originally imposed by Judge Clare QC on 4 November 2013, namely, 18 months less 3 days of presentence custody served between 11 and 14 January 2013.

7.   All terms of imprisonment be served concurrently.

8.   In respect of the presentence custody of 644 days, namely 202 days between 25 January 2017 and 15 August 2017, 302 days between 16 August 2017 and 13 June 2018, 1 day between 3 May 2021 and 3 May 2021, 31 days between 4 May 2021 and 3 June 2021, 10 days between 4 June 2021 and 14 June 2021, and 98 days between 15 June 2021 and 20 September 2021, declare that no time is taken to be imprisonment served under the sentences.

9.   Fix today, 21 September 2021 as the date the applicant be released to parole.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the applicant pleaded guilty in the District Court to six property offences – where on what the sentencing judge considered perhaps to be the most serious offence a sentence of three and a half years imprisonment was imposed to reflect the total criminality in all of the offending – where lesser, concurrent terms of imprisonment were imposed on the remaining counts – where the sentencing judge declared that a total period of 313 days of pre-sentence custody was deemed time already served under the sentence –…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Matthews

Details

AGLC: R v Matthews [2022] QCA 125
Case: [2022] QCA 125
Decision Date: 15 July 2022

CaseChat Overview and Summary

The applicant, Matthews, appealed against the sentence imposed by the District Court at Maroochydore. Matthews had pleaded guilty to six property offences and was sentenced to various terms of imprisonment, with a significant sentence of three and a half years for the most serious offence. The sentencing judge declared that a total of 313 days of pre-sentence custody was deemed time already served. Matthews' appeal centred on the calculation of pre-sentence custody time and whether the sentence was manifestly excessive.

The court considered whether the sentencing judge had erred in calculating the pre-sentence custody time and whether the sentence was manifestly excessive. The court acknowledged that there had been an error in the exercise of the sentencing discretion due to a failure to properly take into account the time served in pre-sentence custody. This error led to the Court having to reconsider the sentencing discretion afresh.

The Court granted leave to appeal and allowed the appeal. It set aside the orders made in the District Court and resentenced Matthews. The Court ordered that Matthews be resentenced to two years and three months imprisonment for one count and three months imprisonment for another count, with the remaining counts not further punished. The Court also found that Matthews had committed an offence punishable by imprisonment during the operational period of the suspended sentences and ordered that the suspended terms of imprisonment be served. The Court fixed the date for Matthews' release to parole as 21 September 2021.

Orders

Orders of the court

Date of Orders: 21 September 2021

1. Leave to appeal granted.

2. Appeal allowed.

3. Set aside the orders made in the District Court at Maroochydore on 15 June 2021.

4. The applicant be resentenced to the following:

(a) Count 3 a term of 2 years 3 months imprisonment.

(b) Count 5 a term of 3 months imprisonment.

5. Find that the applicant committed an offence punishable by imprisonment during the operational period of the suspended sentences imposed by Chief Judge O’Brien on 21 March 2016. Order that it is not unjust to order that the applicant serve the whole of the suspended terms of imprisonment. The period that remains to be served is 2 years less 87 days of presentence custody (25 March 2015 to 19 June 2015).

6. Find that the applicant committed an offence punishable by imprisonment during the further extended operational period of 12 months ordered by Chief Judge O’Brien on 31 March 2016 in respect of the suspended terms originally imposed by Judge Clare QC on 4 November 2013, namely, 18 months less 3 days of presentence custody served between 11 and 14 January 2013.

7. All terms of imprisonment be served concurrently.

8. In respect of the presentence custody of 644 days, namely 202 days between 25 January 2017 and 15 August 2017, 302 days between 16 August 2017 and 13 June 2018, 1 day between 3 May 2021 and 3 May 2021, 31 days between 4 May 2021 and 3 June 2021, 10 days between 4 June 2021 and 14 June 2021, and 98 days between 15 June 2021 and 20 September 2021, declare that no time is taken to be imprisonment served under the sentences.

9. Fix today, 21 September 2021 as the date the applicant be released to parole.

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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CITATION:	R v Matthews [2022] QCA 125
PARTIES:	R v MATTHEWS, Jacob Daniel (applicant)
FILE NO/S:	CA No 143 of 2021 DC No 251 of 2019
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Maroochydore – Date of Sentence: 15 June 2021 (Cash QC DCJ)
DELIVERED ON:	15 July 2022
DELIVERED AT:	Brisbane
HEARING DATE:	Date of Orders: 21 September 2021 Date of Publication of Reasons: 15 July 2022
JUDGES:	Fraser and McMurdo and Mullins JJA
ORDERS:	Date of Orders: 21 September 2021 1. Leave to appeal granted. 2. Appeal allowed. 3. Set aside the orders made in the District Court at Maroochydore on 15 June 2021. 4. The applicant be resentenced to the following: (a) Count 3 a term of 2 years 3 months imprisonment. (b) Count 5 a term of 3 months imprisonment. (c) Convicted not further punished for Counts 1, 4, 6, 7. 5. Find that the applicant committed an offence punishable by imprisonment during the operational period of the suspended sentences imposed by Chief Judge O’Brien on 21 March 2016. Order that it is not unjust to order that the applicant serve the whole of the suspended terms of imprisonment. The period that remains to be served is 2 years less 87 days of presentence custody (25 March 2015 to 19 June 2015). 6. Find that the applicant committed an offence punishable by imprisonment during the further extended operational period of 12 months ordered by Chief Judge O’Brien on 31 March 2016 in respect of the suspended terms originally imposed by Judge Clare QC on 4 November 2013, namely, 18 months less 3 days of presentence custody served between 11 and 14 January 2013. 7. All terms of imprisonment be served concurrently. 8. In respect of the presentence custody of 644 days, namely 202 days between 25 January 2017 and 15 August 2017, 302 days between 16 August 2017 and 13 June 2018, 1 day between 3 May 2021 and 3 May 2021, 31 days between 4 May 2021 and 3 June 2021, 10 days between 4 June 2021 and 14 June 2021, and 98 days between 15 June 2021 and 20 September 2021, declare that no time is taken to be imprisonment served under the sentences. 9. Fix today, 21 September 2021 as the date the applicant be released to parole.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the applicant pleaded guilty in the District Court to six property offences – where on what the sentencing judge considered perhaps to be the most serious offence a sentence of three and a half years imprisonment was imposed to reflect the total criminality in all of the offending – where lesser, concurrent terms of imprisonment were imposed on the remaining counts – where the sentencing judge declared that a total period of 313 days of pre-sentence custody was deemed time already served under the sentence –…