R v Maxfield

Case [2000] QCA 320


SUPREME COURT OF QUEENSLAND

CITATION: R v Maxfield [2000] QCA 320
PARTIES: R
v
MAXFIELD, Larry William
(applicant/appellant)
FILE NO/S: CA No 19 of 2000
DC No 786 of 1999
DIVISION: Court of Appeal
PROCEEDING: Sentence Application
ORIGINATING COURT:

District court at Southport

DELIVERED ON: 8 August 2000
DELIVERED AT: Brisbane
HEARING DATE: 5 May 2000
JUDGES: McMurdo P, Davies JA and Fryberg J
Joint reasons for judgment of Davies JA and Fryberg J; separate reasons of McMurdo P dissenting in part.
ORDER: Application for leave to appeal against sentence granted.  Appeal against sentence dismissed.
CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – judgment and punishment – sentence – factors to be taken into account – miscellaneous matters – remission, parole and prisoner classification – effect of parole recommendation – relevance of factors taken into account at time of sentencing.

Corrective Services Act 1988, (Qld) s 139(1), s 166, s 166(1)(d)
Corrective Services Amendment Regulation 1991, (Qld) s 13
Penalties and Sentences Act 1992, (Qld) s 13, s 157
Weapons Act 1990, (Qld)

R v Corrigan [1994] 2 Qd R 415, considered
R v Main [1999] QCA 327; CA 226 of 1999, 17 August 1999, referred
R v Maniadis [1997] 1 Qd R 593, followed
R v Mather [1999] QCA 226; CA No 76 of 1999; 17 June 1999, considered
R v Moodie [1999] QCA 125; CA 439 of 1998, 14 April 1999, referred
R v Moss [1999] QCA 426; CA 270 of 1999, 8 October 1999, referred
R v Reischl [2000] QCA 215; CA 81 of 2000, 1 June 2000, referred
Williams v Queensland Community Corrections Board [2000] QCA 75; CA 6237 of 1999, 17 March 2000, considered

COUNSEL: M C Chowdhury for the applicant/appellant
N Weston for the respondent
SOLICITORS: Legal Aid Queensland for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent
  1. McMURDO P:  I have had the benefit of reading the joint reasons for judgment of Davies JA and Fryberg J who have set out the relevant facts and issues.

  1. The question for determination is the appropriate sentence to be imposed on the applicant in the light of evidence before this court which was not before the primary court. That evidence, which is not contested by the respondent, is first that it is likely that the applicant will be classified as a high security prisoner for a minimum period of two years because of his two previous convictions in New South Wales for escaping from lawful custody and second that current Ministerial Guidelines suggest that ordinarily an applicant must be in the low security classification to be eligible for parole. As a result the applicant’s current prospects of earlier than usual release on parole[1] do not seem promising.

    [1]See s 166(1)(d) Corrective Services Act 1988.

  1. It is appropriate that this court receive that evidence: R v Maniadis (1997) 1 Qd R 593.

  1. At sentence the applicant’s counsel submitted that a partially suspended sentence was more appropriate than…

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Details
AGLC
R v Maxfield [2000] QCA 320
Case
[2000] QCA 320
Decision Date

CaseChat Overview and Summary

The case of R v Maxfield involved the defendant appealing against the sentence imposed by the court. The nature of the dispute was the length and conditions of the sentence, which the defendant argued was excessive and inappropriate. The case was heard in the court of appeal.

The central legal issue before the court was whether the trial judge had taken into account all relevant factors when imposing the sentence. Specifically, the court had to determine if the trial judge should have considered the parole board’s recommendation when determining the length of the sentence. The court also needed to decide if the trial judge had appropriately weighed the various factors, including the defendant’s criminal history, the circumstances of the offence, and the need for deterrence and rehabilitation.

The court found that the trial judge had taken into account all relevant factors when imposing the sentence. The court held that while the parole board’s recommendation is an important consideration, it is not determinative of the sentence. The court also held that the trial judge had appropriately weighed the various factors and had imposed a sentence that was proportionate to the seriousness of the offence. The court further held that the sentence was not excessive or inappropriate, and that the trial judge had acted within his or her discretion. The court dismissed the appeal against the sentence.

The court granted the defendant’s application for leave to appeal against the sentence, but dismissed the appeal. The court found that the sentence imposed by the trial judge was appropriate and proportionate to the seriousness of the offence, and that the trial judge had taken into account all relevant factors when imposing the sentence. The court held that the parole board’s recommendation was an important consideration, but not determinative of the sentence. The court further held that the trial judge had appropriately weighed the various factors and had acted within his or her discretion. The court dismissed the appeal against the sentence.

Orders

Orders of the court

Application for leave to appeal against sentence granted. Appeal against sentence dismissed.

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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