R v McDonald

[2001] QCA 238

SUPREME COURT OF QUEENSLAND

CITATION:

R v McDonald [2001] QCA 238

PARTIES:

R
v
McDONALD, Bruce Lee
(applicant)

FILE NO/S:

CA No 46 of 2001
DC Nos 309 of 2000, 311 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

22 June 2001

DELIVERED AT:

Brisbane

HEARING DATE:

6 June 2001

JUDGES:

Thomas JA, Muir and Atkinson JJ
Joint reasons for judgment of Thomas JA and Atkinson J;  separate reasons of Muir J concurring as to the orders made

ORDER:

Application for leave to appeal against sentence refused

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 – application for leave to appeal against sentence – whether sentences were manifestly excessive – whether sentences failed to give sufficient effect to the rehabilitative process of sentencing – where applicant pleaded guilty to numerous serious offences – where offences included armed robbery whilst in company, armed robbery, attempted armed robbery – where automatic declaration that applicant was a serious and violent offender as 10 year sentences imposed – use of various weapons when committing offences – threats of violence but no actual violence – severe mental anguish caused to a number of victims – some degree of planning for robberies – offences committed over short period of time while on bail or after arrest warrant issued – extensive criminal history – recommendation for rehabilitative treatment – substantial custodial sentence appropriate

Penalties and Sentences Act 1992

R v Crossley [1999] QCA 223, CA No 477 of 1998,
18 June 1999, distinguished
R v Matthewson [2001] QCA 4, CA No 226 of 2000, 30 January 2001, distinguished
R v McMahon, CA No 433 of 1997,
13 April 1998, distinguished

COUNSEL:

The appellant appeared on his own behalf

D Meredith for the respondent

SOLICITORS:

The appellant appeared on his own behalf.
Director of Public Prosecutions (Queensland) for the respondent

1. THOMAS JA  and ATKINSON J:  The applicant was convicted on 4 September 2000 on his own plea of guilty on one count of armed robbery, one count of unlawful use of a motor vehicle with a circumstance of aggravation and one count of dangerous operation of a motor vehicle; and on 12 February 2001 on one count of armed robbery whilst in company, seven counts of armed robbery, one count of attempted armed robbery, seven counts of unlawful use of a motor vehicle with a circumstance of aggravation, one count of unlawful use of a motor vehicle, one count of dangerous operation of a motor vehicle, one count of burglary, two counts of stealing and one count of fraud.  He was sentenced on 12 February 2001 in the District Court in Southport to 10 years imprisonment on each of the counts of armed robbery and armed robbery in company; 8 years imprisonment on the count of attempted armed robbery; 3…