R v Murphy - [2003] QCA 128

SUPREME COURT OF QUEENSLAND

CITATION: R v Murphy [2003] QCA 128
PARTIES: R
v
MURPHY, Christopher Francis
(applicant)

FILE NO/S:

CA No 21 of 2003 SC No 16 of 2003
DIVISION: Court of Appeal
PROCEEDING: Sentence application
ORIGINATING
COURT: District Court at Maroochydore
DELIVERED EX 20 March 2003
TEMPORE ON:
DELIVERED AT: Brisbane
HEARING DATE: 20 March 2003
JUDGES: McMurdo P, McPherson JA and White J
Separate reasons for judgment of each member of the Court,
each concurring as to the order made
ORDER: Application dismissed
CATCHWORDS: CRIMINAL LAW – JURISDICTION, PRACTICE AND
PROCEDURE – JUDGMENT AND PUNISHMENT –
SENTENCE – CIRCUMSTANCES OF OFFENCE –
FACTORS TO BE TAKEN INTO ACCOUNT –
CIRCUMSTANCES OF OFFENCE

CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM – GENERALLY – where applicant convicted of dangerous driving causing death – where applicant’s wife was a passenger in the car – where applicant’s wife was killed – where applicant sentenced to four years imprisonment with recommendation for release after 12 months and licence disqualification for two years – whether sentence manifestly excessive
COUNSEL: The applicant appeared on his own behalf, and with leave by
S McCallum
S G Bain for the respondent
SOLICITORS: The applicant appeared on his own behalf
Director of Public Prosecutions (Qld) for the respondent

WHITE J: Mr Murphy, I doubt that you are going to be able to

hear everything that I say. I am not going to shout too

loudly but a transcript of what I have to say and what the

other Judges have to say can be obtained so that you can read

what it is that's said.	10
The applicant seeks leave to appeal against a sentence which
was imposed on him in the District Court at Maroochydore on
the 16th of January 2003. He pleaded guilty to dangerous
driving causing death on 1st September 2001, with a blood	20
alcohol level in excess of .15 per cent. A blood specimen
obtained from the applicant approximately two hours after the
motor vehicle accident revealed a blood alcohol content of
.155 per cent. The Government Medical Officer estimated that
his blood alcohol concentration at the time of driving was	30
approximately .185 per cent to .195 per cent.
The person who died was the applicant's wife, a passenger unrestrained by a seat belt in the back seat of the motor vehicle.	40
The applicant was sentenced to four years' imprisonment with a recommendation for post prison community based release after 12 months and licence disqualification for two years.
50
The applicant was 51 at the time of the offence. He and his
deceased wife of 25 years had attended his wife's son's
wedding that evening. The motor vehicle accident occurred on
the way home from the wedding reception in Tewantin to Cooran.

2 60

The deceased was seated in the back seat because the front

passenger seat was occupied by a friend who was heavily

intoxicated and who had…

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 Murphy

Details

AGLC: R v Murphy [2003] QCA 128
Case: [2003] QCA 128
Decision Date: 20/03/2003

CaseChat Overview and Summary

The case of R v Murphy was heard in the Supreme Court of Victoria. The defendant, Murphy, was charged with a criminal offence and the matter involved determining the appropriate sentence to be imposed. The primary focus of the court was on the circumstances surrounding the offence and the factors that should be considered when determining the sentence.

The legal issues that the court had to decide included the weight to be given to various mitigating and aggravating factors presented by both parties. The court had to consider the nature and circumstances of the offence, as well as any personal circumstances of the offender that might be relevant to the sentencing process. The court also had to ensure that the sentence imposed was proportionate to the seriousness of the offence.

In delivering the judgment, the court emphasised the need for a balanced approach to sentencing, taking into account both the harm caused by the offence and the personal circumstances of the offender. The court noted that while Murphy's personal circumstances might be considered mitigating, they did not outweigh the seriousness of the offence. After weighing all the relevant factors, the court determined that the sentence should reflect the gravity of the crime and the need to protect the community. The application for a lesser sentence was dismissed, and the court proceeded to impose the sentence it deemed appropriate.

Orders

Orders of the court

Application dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	R v Murphy [2003] QCA 128
PARTIES:	R v MURPHY, Christopher Francis (applicant)
FILE NO/S:	CA No 21 of 2003 SC No 16 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Sentence application
ORIGINATING COURT:	District Court at Maroochydore
DELIVERED EX	20 March 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	20 March 2003
JUDGES:	McMurdo P, McPherson JA and White J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application dismissed
CATCHWORDS:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – CIRCUMSTANCES OF OFFENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE
CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM – GENERALLY – where applicant convicted of dangerous driving causing death – where applicant’s wife was a passenger in the car – where applicant’s wife was killed – where applicant sentenced to four years imprisonment with recommendation for release after 12 months and licence disqualification for two years – whether sentence manifestly excessive
COUNSEL:	The applicant appeared on his own behalf, and with leave by S McCallum S G Bain for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Qld) for the respondent