R v Meehan - [1996] QCA 215

COURT OF APPEAL

[1996] QCA 215

McPHERSON JA
DEMACK J

WILLIAMS J

CA No 128 of 1996
THE QUEEN
v.

PATRICK JAMES MEEHAN

BRISBANE
..DATE 05/06/96
050696 D.1 T 10-11/JP14 M/T COA133/96
DEMACK J: This is an application for leave to appeal against a
sentence imposed by the District Court on the applicant
following his plea of guilty to a charge of unlawful wounding.
He was sentenced to three years imprisonment with a
recommendation for release on parole after 12 months.
The material placed before the learned sentencing Judge showed
that the applicant went to a flat owned by a Ms Young on
1 August 1995. He indicated that he wished to speak to a man
who also had previously had some kind of relationship with
another person and that man who became the complainant to the

present charge also came to Ms Young's flat.

On his arrival he was told to leave but came in. The
complainant then approached the applicant who was sitting on a
bed. There was some discussion about the relationship with
Ms Young. The applicant was said by the complainant to be
intoxicated and the complainant felt he was not getting any
sense from the applicant so he struck him about the head with an
open hand some six times. The complainant maintained this was
done in a light manner but nonetheless, the applicant fell back
on the bed.

Some time later, the applicant started to roll a cigarette and the complainant left the bedroom looking for a lighter. When he came back, he approached the applicant - who was still on the bed - and at that time the applicant stabbed him in the stomach and also made some other stabbing moves to which the complainant responded by apparently grabbing at the knife. The result was 050696 D.1 T 10-11/JP14 M/T COA133/96

that the complainant sustained a number of injuries.

The most serious of these wounds was a laceration to the right of the umbilicus measuring three centimetres in length and extending to the depth of approximately 10 centimetres. The wound extended through the skin, subcutaneous fat, rectus muscle and into the peritoneum. The other lacerations were of a minor nature: some minor lacerations to the neck and one minor one to the lobe of the right ear as well as lacerations to both hands.

A laparotomy was performed on the laceration to the stomach. It was confirmed to penetrate the peritoneum but no intra abdominal contents were damaged. The wound was carefully explored and washed out in theatre to prevent any infection.

The knife that was used was apparently a kitchen knife said to be some seven centimetres in length. It follows then that the knife was fully embedded into the complainant's abdomen and compressed the abdomen at the time when the wound was inflicted.

The applicant is said to be a smaller man than his victim, to be someone who is an alcoholic and to be afflicted with osteoarthritis. Nonetheless, the wound…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Meehan

Details

AGLC: R v Meehan [1996] QCA 215
Case: [1996] QCA 215
Decision Date: 5/06/1996

CaseChat Overview and Summary

The Queensland Court of Appeal dealt with an application for leave to appeal against the sentence imposed by the District Court on Patrick James Meehan, who had pleaded guilty to a charge of unlawful wounding. The applicant was sentenced to three years imprisonment with a recommendation for release on parole after 12 months. The incident arose when the applicant, who was intoxicated, went to a flat owned by Ms Young and subsequently stabbed the complainant multiple times, causing serious injuries. The Court of Appeal considered whether the sentence was appropriate, taking into account the applicant's personal circumstances, including his alcoholism, osteoarthritis, and the fact that he had acted in self-defence after being initially assaulted.

The legal issues the court had to decide were whether the sentence was within the appropriate range and if the sentencing judge had adequately considered the applicant's personal circumstances. The Court of Appeal referred to previous cases involving alcohol and violence where similar sentences were upheld, noting the inherent danger of using a knife in such incidents. The court also considered the applicant's remorse and timely plea, as well as his long criminal history, which included no recent violent offences.

The Court of Appeal concluded that the sentence was within the appropriate range, taking into account the use of a knife and the potential seriousness of the injuries inflicted. The court also found that the sentencing judge had adequately considered the applicant's personal circumstances, including his alcoholism and osteoarthritis, by recommending parole eligibility after 12 months. Consequently, the application for leave to appeal was dismissed, and the sentence was upheld.

The order of the Court of Appeal was that the application for leave to appeal against the sentence imposed by the District Court should be refused and the application dismissed.

Orders