R v Murray

[2010] QCA 266

SUPREME COURT OF QUEENSLAND

CITATION:

R v Murray [2010] QCA 266

PARTIES:

R
v
MURRAY, Stuart James
(applicant)

FILE NO/S:

CA No 119 of 2010
DC No 1682 of 2009
DC No 244 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

8 October 2010

DELIVERED AT:

Brisbane

HEARING DATE:

30 September 2010

JUDGES:

Fraser and Chesterman JJA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.The application to set aside the order is granted to the extent of setting aside the serious violent offender declaration made and substituting for it a declaration that the applicant was convicted of a serious violent offence; 

2.The application is otherwise refused. 

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted on his own pleas of guilty of six indictable offences and two summary counts – where the applicant was convicted of two counts of aggravated stalking, one count of assault occasioning bodily harm, one count of stealing, one count of threatening to enter premises with intent to intimidate, and one count of doing grievous bodily harm with intent – where an alternative charge of attempted murder was open on the last indictable offence – where the learned sentencing judge imposed a concurrent sentence of eight years imprisonment – where the learned sentencing judge made a declaration pursuant to s161B(3) of the Penalties and Sentences Act 1992 (Qld) – where the learned sentencing Judge did not give reasons for making such a declaration – whether the sentence imposed was manifestly excessive – whether the declaration should have been made

Penalties and Sentences Act 1992 (Qld), s 161B(3)

R v Daley [1999] QCA 332, cited
R v McDougall and Collas [2007] 2 Qd R 87; [2006] QCA 365, cited
R v Nguyen [2006] QCA 542, cited
R v Williams [2002] QCA 142, cited

COUNSEL:

J Cremin for the applicant (pro bono)
G Cummings for the respondent

SOLICITORS:

No appearance for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. FRASER JA:  I agree with the reasons for judgment of Cullinane J and the orders proposed by his Honour.

1. CHESTERMAN JA:  I agree with orders proposed by Cullinane J for the reasons given by his Honour.

1. CULLINANE J:  The applicant seeks leave to appeal against sentences imposed in the District Court at Brisbane on 30 April 2010.  The applicant had pleaded guilty to these offences on 7 July 2009.

1. There were in all some six indictable offences and two summary counts.

1. Of the indictable offences, there were two counts of aggravated stalking, one count of assault occasioning bodily harm, one count of stealing, one count of with intent to intimidate threatening to enter premises, and one count of doing grievous bodily harm with intent to do grievous bodily harm.  The applicant had…