R v Neal

[2012] QCA 12

SUPREME COURT OF QUEENSLAND

CITATION:

R v Neal [2012] QCA 12

PARTIES:

R
v
NEAL, Christopher Stephen
(applicant)

FILE NO/S:

CA No 157 of 2011
DC No 1431 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

17 February 2012

DELIVERED AT:

Brisbane

HEARING DATE:

8 February 2012

JUDGES:

Margaret McMurdo P, Fraser JA and Margaret Wilson AJA
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 the applicant was convicted on his plea of guilty to unlawfully doing grievous bodily harm – where the applicant was sentenced to four years imprisonment, suspended after serving 16 months for an operational period of four years – where the applicant committed offence in reaction to an assault by the complainant upon the applicant’s sister – where the applicant argued there were two distinct stages of offending – where courts strongly condemn vigilantism of this kind – whether the sentence of four years was manifestly excessive

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER – where the applicant was a “protective factor and support person”, particularly regarding the medical and mental needs of two of his children – where a psychologist expressed the opinion that one child was susceptible to deterioration in his mood if his father was absent due to imprisonment – where the applicant’s current partner would be unable to continue in her occupation because of the need to supervise and assist the children –whether the sentencing judge took into account the applicant’s personal circumstances

Penalties and Sentences Act 1992 (Qld), s 9(2)(a)

R v Amituanai (1995) 78 A Crim R 588; [1995] QCA 80, distinguished
R v Bailey[2009] QCA 251, distinguished
R v Brand[2006] QCA 525, cited
R v Henriott[2004] QCA 346, applied
R v Holland[2008] QCA 200, considered
R v Rehavi [1999] 2 Qd R 640; [1998] QCA 157, distinguished
R v Weare[2002] QCA 183, applied

COUNSEL:

J Griffin QC, with P F Mylne, for the applicant
J Wooldridge for the respondent

SOLICITORS:

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

1. MARGARET McMURDO P: I agree with Fraser JA's reasons for refusing this application for leave to appeal against sentence.

1. FRASER JA: On 9 May 2011 the applicant was convicted on his plea of guilty of unlawfully doing grievous bodily harm.  On 20 May 2011 he was sentenced to imprisonment for four years, with an order that the imprisonment be suspended after serving a period of 16 months for an operational period of four years.  It was declared that one day served in pre-sentence custody was time served under…