SUPREME COURT OF QUEENSLAND
CITATION: R v M [2001] QCA 131 PARTIES: R
v
M
(applicant/appellant)FILE NO/S: CA No 369 of 2000
SC No 362 of 2000
DIVISION: Court of Appeal PROCEEDING: Sentence application ORIGINATING COURT: Supreme Court at Townsville
DELIVERED ON: 10 April 2001 DELIVERED AT: Brisbane HEARING DATE: 3 April 2001 JUDGES: Thomas and Williams JJA and Dutney J
Judgment of the CourtORDER: 1. Application for leave to appeal against sentence granted and appeal allowed;
2. Sentence below set aside and replaced with a sentence of six years imprisonment with a declaration that the conviction is a conviction of a serious violent offence pursuant to part 9A of the Penalties and Sentences Act;
3. Order that further reasons for judgment handed down to the parties today be not further published and that a copy thereof be placed in a sealed envelope together with a revised copy of the transcript of that part of the proceedings which were not conducted in open court, and that it be opened only by order of the court or upon an application under s 188(2) of the Penalties and Sentences Act.
CATCHWORDS: CRIMINAL LAW – OFFENCES AGAINST THE PERSON – ATTEMPTED MURDER – DECLARATION OF SERIOUS VIOLENT OFFENCE – where applicant convicted of attempted murder – where applicant declared to be convicted of a serious violent offence – Penalties and Sentences Act 1992, s 161B(3)(b)
CRIMINAL LAW – JUDGMENT AND PUNISHMENT – APPEAL AGAINST SENTENCE – applicant’s past co-operation and promise of future cooperation – need for separate consideration – Penalties and Sentences Act 1992 s 9, s 13A, s 188(2)
PROCEDURE – COURTS – RULES OF COURT - PROCEEDINGS IN OPEN COURT OR IN CAMERA – JUDGMENTS AND ORDERS – STATEMENT OF REASONS FOR DECISION – OTHER MATTERS – where part of proceedings in camera – power of Court of Appeal to proceed in camera – whether protection of offenders from recrimination sufficient reason to justify proceeding in camera – court to act publicly as far as it safely can – whether court has power to alter both open sentence and indicative sentence under s 13A(7)(b)(ii) of Penalties and Sentences Act 1992 – suggested procedure in s 13A matters upon appeal
Penalties and Sentences Act 1992 (Qld), s 9(2)(g), s(9)(2)(i), s 9(2)(q) s 161B(3)(b), s 13A, s 188(2), s 188(4)
Supreme Court of Queensland Act 1991, s 128
The Queensland Law Society Inc, Ex parte [1984] 1 Qd R 166, considered
R v AC [2001] QCA 56, CA No 234 of 1999, 27 February 2001, considered
R v Gladkowski [2000] QCA 352, CA No 165 of 2000, 1 September 2000, considered
COUNSEL: A J Rafter for the appellant
R G Martin for the respondentSOLICITORS: Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
THE COURT: This is an application for leave to appeal against a sentence for attempted murder. The applicant was sentenced to seven years and six months imprisonment,…
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- AGLC
- R v McGrath [2001] QCA 131
- Case
- [2001] QCA 131
- Decision Date
CaseChat Overview and Summary
The court considered the statutory provisions of the Penalties and Sentences Act, specifically sections 9, 13A, and 188(2), which address the applicant's past and promised future cooperation, and the need for separate consideration of these factors. The court also examined the power of the Court of Appeal to proceed in camera and whether it could alter both the open and indicative sentences under section 13A(7)(b)(ii) of the Act. The court concluded that it had the power to alter both sentences and to proceed in camera if necessary to protect the offender from recrimination.
The Court of Appeal granted the applicant leave to appeal against his sentence and allowed the appeal. The original sentence was set aside and replaced with a sentence of six years imprisonment, with a declaration that the conviction was a conviction of a serious violent offence. The court also ordered that further reasons for judgment, as well as a revised copy of the transcript of the part of the proceedings that were not conducted in open court, be placed in a sealed envelope and only opened by order of the court or upon an application under section 188(2) of the Penalties and Sentences Act. This decision highlights the importance of considering the applicant's past and promised future cooperation, as well as the need for separate consideration of these factors when determining an appropriate sentence. It also underscores the court's power to proceed in camera and alter both open and indicative sentences when necessary to protect the offender from recrimination.
Orders
Orders of the court
1. Application for leave to appeal against sentence granted and appeal allowed;
2. Sentence below set aside and replaced with a sentence of six years imprisonment with a declaration that the conviction is a conviction of a serious violent offence pursuant to part 9A of the Penalties and Sentences Act;
3. Order that further reasons for judgment handed down to the parties today be not further published and that a copy thereof be placed in a sealed envelope together with a revised copy of the transcript of that part of the proceedings which were not conducted in open court, and that it be opened only by order of the court or upon an application under s 188(2) of the Penalties and Sentences Act.
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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