R v McKinless

[2004] QCA 280

SUPREME COURT OF QUEENSLAND

CITATION:

R v McKinless [2004] QCA 280

PARTIES:

R
v
McKINLESS, Brendon Donald

(applicant) 

FILE NO/S:

CA No 140 of 2004
DC No 138 of 2004

DC No 946 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for leave to appeal against sentence

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

4 August 2004

DELIVERED AT:

Brisbane

HEARING DATE:

4 August 2004

JUDGES:

Davies JA, McPherson JA, Helman J

Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application dismissed 

CATCHWORDS:

CRIMINAL LAW – BREAKING, ENTERING AND STEALING  – SENTENCING – whether sentence manifestly excessive

COUNSEL:

The applicant appeared on his own behalf

M J Copley for the respondent

SOLICITORS:

The applicant appeared on his own behalf

Director of Public Prosecutions (Queensland) for the respondent

McPHERSON JA:  On 23 April 2004 the applicant was sentenced in the District Court at Brisbane to serve a term of six years imprisonment with a recommendation for parole after two years.  This is an application for leave to appeal against that sentence. 

There were two indictments before the sentencing Judge containing charges of 21 offences committed during a seven month period between August 2002 and March 2003.  On the ten count indictment the applicant pleaded guilty to and was sentenced for four counts of entering premises and stealing (four years each), two counts of entering premises with intent (four years each), stealing (one year), receiving (six months) and fraud (six months).

On the 11 count indictment to which the applicant pleaded guilty ex officio, the applicant was sentenced for six counts of entering premises and stealing (four years each), two counts of break, enter and steal (six years each), unlawful use of a motor vehicle (two years), a negligent act causing harm (12 months) and attempted fraud (three months).

In addition the applicant pleaded guilty to the following summary offences, unlicensed driving (six months), obstructing police (six months), breach of bail (six months), possession of a pipe (six months) and failure to take care of a syringe (six months).

The sentencing Judge ordered all of the sentences to be served concurrently but made a recommendation for parole after two years.  A declaration was also made that 220 days of pre-sentence custody had been served by the applicant.

The applicant was arrested on 19 November 2002 for counts 2 to 5 on the 10 count indictment and then given bail.  While on bail the applicant committed counts 7 to 10 on that indictment and all of the counts on the ex officio indictment.  The applicant had previously been sentenced in the District Court on 20 July 2001 for three counts of entering premises with intent, two counts of breaking, entering and stealing and one count of entering premises and stealing.  A sentence of 18 months imprisonment to be suspended after serving 182 days with an operational period of two years was imposed for those offences. 

All of the offences for…