SUPREME COURT OF QUEENSLAND
CITATION: R v McDonald [2005] QCA 383 PARTIES: R
v
McDONALD, Neil Dallas
(applicant)FILE NO/S: CA No 236 of 2005
DC No 2915 of 2004DIVISION: Court of Appeal PROCEEDING: Sentence Application ORIGINATING
COURT:District Court at Brisbane DELIVERED ON: 14 October 2005 DELIVERED AT: Brisbane HEARING DATE: 5 October 2005 JUDGES: McPherson and Jerrard JJA and Douglas J
Separate reasons for judgment of each member of the Court,
each concurring as to the order madeORDER: Application for leave to appeal against sentence dismissed CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – WHEN REFUSED – applicant convicted by his own pleas of guilty to assault occasioning bodily harm and assault occasioning bodily harm whilst armed – sentenced to 15 months imprisonment suspended after five months operational for two years for the armed assault with a lesser concurrent term for the assault – applicant first assaulted complainant in a hotel then left the premises – applicant later returned and struck the complainant with a full liquor bottle – applicant had no prior convictions for violent offences – whether the sentence was manifestly excessive R v Hays; ex parte A-G [1999] QCA 443; CA No 271 of
1999, 29 October 1999, considered
R v Hsu & Hsu [1998] QCA 257; CA Nos 199 and 200 of
1998, 7 August 1998, considered
R v Jasser [2004] QCA 14; CA No 277 of 2003, 9 February
2004, considered
R v Kent [2004] QCA 83; CA No 61 of 2004, 23 March 2004,
distinguished
R v Monro [2002] QCA 483; (2002) 135 A Crim R 256,
distinguishedCOUNSEL: B P Marais for the applicant
M J Copley for the respondentSOLICITORS: Paul Carter & Associates for the applicant
Director of Public Prosecutions (Queensland) for the
respondent
McPHERSON JA: Despite the careful submissions of Mr Marais of counsel, I consider that the sentence imposed here was not disproportionate to the offences committed.
I agree with the reasons of Jerrard JA. The application for leave to appeal should be dismissed.
JERRARD JA: On March 2005 Neil McDonald pleaded guilty to one count of unlawfully assaulting Michael Pilgrim and doing him bodily harm, and one count of unlawfully assaulting Michael Pilgrim and doing him bodily harm when armed with an offensive instrument. On 18 August 2005 Mr McDonald was sentenced to five months imprisonment on the count of assault occasioning bodily harm, and to 15 months imprisonment, suspended after five months for a period of two years, for the offence of assault occasioning bodily harm whilst armed. Both sentences are to be served concurrently. Mr McDonald has applied for leave to appeal against those sentences, arguing that each is manifestly excessive.
Mr McDonald is 46, married, a concreter by profession, and he has a four year old son. He has a record of…
Continue reading R v McDonald
Sign in free to access the full text
- AGLC
- R v McDonald [2005] QCA 383
- Case
- [2005] QCA 383
- Decision Date
CaseChat Overview and Summary
The court was required to consider whether the sentence imposed was manifestly excessive. The court noted that the applicant's actions were premeditated and involved the use of a weapon, which resulted in serious bodily harm to the complainant. The court also noted that the applicant had no prior convictions for violent offences, which was a mitigating factor. The court held that the sentence was not manifestly excessive and dismissed the application for leave to appeal against sentence.
The court found that the sentence imposed was appropriate and not manifestly excessive. The court considered the seriousness of the offences, the use of a weapon, and the lack of prior convictions for violent offences. The court held that the sentence reflected the gravity of the offences and was not excessive. The application for leave to appeal against sentence was dismissed.
No orders were made as the application for leave to appeal against sentence was dismissed.
Orders
Orders of the court
Application for leave to appeal against sentence dismissed
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
Full text does not contain this section.