R v Murphy

[2009] QCA 93

SUPREME COURT OF QUEENSLAND

CITATION:

R v Murphy [2009] QCA 93

PARTIES:

R
v
MURPHY, Helaman Wayne
(applicant)

FILE NO/S:

CA No 332 of 2008
DC No 372 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED ON:

21 April 2009

DELIVERED AT:

Brisbane

HEARING DATE:

9 April 2009

JUDGES:

Keane and Fraser JJA and Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted on plea of guilty of dangerous operation of a motor vehicle causing death and grievous bodily harm under s 328A of the Criminal Code 1899 (Qld) – where applicant sentenced to three and a half years imprisonment, suspended after 12 months for an operational period of four years, and disqualified absolutely from holding a driver’s licence – where applicant was driving on a learner’s permit without a licensed driver present – where collision caused death of two people and grievous bodily harm to a third person – where applicant had no prior criminal record or traffic history – whether the sentencing judge placed too much weight on the outcome of, rather than the act of, the dangerous operation of a motor vehicle – whether the sentence was “out of line with the general sentencing trend in comparable cases considered by the Court” – whether sentence manifestly excessive

Criminal Code 1899 (Qld), s 328A

R v Balfe[1998] QCA 14, cited
R v Gallaher[2004] QCA 240, considered
R v Gruenert; ex parte A-G (Qld)[2005] QCA 154, cited
R v Hart (2008) 50 MVR 424; [2008] QCA 199, considered
R v Price (2005) 43 MVR 573; [2005] QCA 52, cited
R v Wilde, ex parte A-G (Qld) (2002) 135 A Crim R 538; [2002] QCA 501, cited
R v Wilson (2008) 51 MVR 344; [2008] QCA 349, considered

COUNSEL:

H C Fong for the applicant
M J Copley SC for the respondent

SOLICITORS:

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

1. KEANE JA: I have had the advantage of reading the reasons for judgment prepared by Fraser JA.  I agree with his Honour’s reasons and with the order proposed by his Honour.

1. FRASER JA: On 3 December 2008 the applicant was convicted on his plea of guilty to an offence against s 328A of the Criminal Code 1899 (Qld) of dangerous operation of a motor vehicle causing death and causing grievous bodily harm. He was sentenced to three and a half years imprisonment, with the imprisonment suspended after 12 months for an operational period of four years. The sentencing judge ordered that the applicant be disqualified absolutely from holding a driver's licence.

Circumstances of the offence

1. Shortly after 6.00 pm on…