SUPREME COURT OF QUEENSLAND
CITATION: R v Richard John Meerdink and Jason Andrew Pearce [2010]
QSC 158PARTIES: R v Richard John Meerdink and Jason Andrew Pearce FILE NO/S: 442/09 DIVISION: Trial Division PROCEEDING: Sentence ORIGINATING
COURT:Supreme Court of Queensland DELIVERED ON: 13 May 2010 DELIVERED AT: Brisbane HEARING DATE: Trial: 29/09/09 to 910/09 JUDGE: Applegarth J COUNSEL: GJ Cummings for the Crown
F Richards for Richard John Meerdink
G McGuire for Jason Andrew PearceSOLICITORS: Office of the Director of Public Prosecutions for the Crown
Legal Aid Queensland for the defendants
Richard John Meerdink and Jason Andrew Pearce, you are each to be sentenced for the offence that on or about 4 July 2008 at Maryborough you unlawfully killed Wayne Warren Ruks. You each pleaded not guilty to a charge of having murdered Mr Ruks. The jury at your trial found you not guilty of that offence. The jury found you, Mr Meerdink, guilty of manslaughter. Mr Pearce, you pleaded guilty to manslaughter at the start of the trial. Mr Pearce you are also to be sentenced for a summary offence to which you pleaded guilty at the end of the trial on 9 October 2009. The charge is that on 6 July 2008 at Maryborough you unlawfully had in your possession a thing, namely a water pipe that you used in connection with the smoking of a dangerous drug. Given the gravity of the offence of manslaughter for which you are to be sentenced, I do not impose a further penalty for that summary offence.
The circumstances of the offence
On 3 July 2008 at around 9 pm the two of you were walking past the Post Office Hotel in Bazaar Street, Maryborough when you encountered Mr Ruks. He was very drunk. When he died some hours later his blood alcohol level was 0.338. How intoxicated each of you were is hard to say. Ultimately, it is of marginal relevance because as the Chief Justice of this State observed in R v Dwyer [2008] QCA 117 at [6] “intoxication resulting form the voluntary ingestion of alcohol or drugs cannot generally be advanced as a circumstance mitigating the penalty to be imposed for violent crime committed while the offender was in that condition.”
Each of you had been drinking earlier that afternoon and evening, but you were not completely drunk or incoherent. Mr Power, who was sober and sitting outside the Post Office Hotel, where he was participating in a poker tournament, observed you as you were walking some 50 metres towards him. He did not observe either of you to be drunk, but Mr Meerdink you said to him that you and Mr Pearce were “having a blinder”, and were “pissed”. Mr Meerdink, you were carrying the bladder from a cask of wine. Mr Ruks made a grab for it. You then crossed the road away from the Port Office Hotel and Mr Ruks followed you. He was interested in obtaining some marijuana. He had asked Mr…
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- Case
- [2010] QSC 158
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