R v Meerdink

[2010] QCA 273

SUPREME COURT OF QUEENSLAND

CITATION:

R v Meerdink [2010] QCA 273

PARTIES:

R
v
MEERDINK, Richard John
(applicant)

FILE NO/S:

CA No 123 of 2010
SC No 442 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

12 October 2010

DELIVERED AT:

Brisbane

HEARING DATE:

30 September 2010

JUDGES:

McMurdo P, White JA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The application is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS – where applicant and co-accused jointly charged with murder – where co-accused pleaded guilty to manslaughter – where applicant and co-accused acquitted of murder and applicant convicted of manslaughter following trial – where applicant had a lengthy criminal history, including previous convictions for violence, and lacked remorse for victim – where co-accused offered to plead to manslaughter at an early date, was remorseful and had a less serious criminal history without crimes of violence – where applicant sentenced to 10 years imprisonment, resulting in a serious violent offence declaration pursuant to s 161B of the Penalties and Sentences Act 1992 (Qld) – where co-accused sentenced to nine years imprisonment with no serious violent offence declaration – where applicant must serve 80 per cent, that is, eight years, of sentence before being eligible for parole – where co-accused may apply for parole after four years – whether disparity between non-parole periods gave rise to a justifiable sense of grievance on the applicant’s part – whether sentence manifestly excessive as a result of disparity

Corrective Services Act 2006 (Qld), s 182(2)
Penalties and Sentences Act 1992 (Qld), s 9(1)(a), s 161B(1)

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, applied
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26, applied
R v Cowie [2005] 2 Qd R 533; [2005] QCA 223, applied
R v Crossley (1999) 106 A Crim R 80; [1999] QCA 223, considered
R v McDougall and Collas [2007] 2 Qd R 87; [2006] QCA 365, considered
R v Mikaele [2008] QCA 261, considered

COUNSEL:

C W Heaton for the applicant
G Cummings for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P: I agree with White JA’s reasons for refusing the application for leave to appeal against sentence.

1. WHITE JA: The applicant was jointly charged with Jason Andrew Pearce with murdering Wayne Warren Ruks at Maryborough on or about 4 July 2008.  When they were arraigned in the circuit court at Maryborough, Pearce pleaded not guilty of murder but guilty of manslaughter.  The applicant pleaded not guilty.  After a trial of nine days the jury found each not guilty of murder and found the applicant guilty…