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R v Newman

R v Newman

Case [2007] QCA 198 15 June 2007

Deprivation of Liberty

Criminal Law

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SUPREME COURT OF QUEENSLAND

CITATION:

R v Newman [2007] QCA 198

PARTIES:

R
v
NEWMAN, Brenton James
(applicant)

FILE NO/S:

CA No 63 of 2007
DC No 6232 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

15 June 2007

DELIVERED AT:

Brisbane

HEARING DATE:

1 June 2007

JUDGES:

Williams and Jerrard JJA and White J
Separate reasons for judgment of each member of the Court, Williams JA and White J concurring as to the order made, Jerrard JA dissenting

ORDER:

Application for leave to appeal against sentence dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – where applicant pleaded guilty to charges of rape, grievous bodily harm, robbery with violence, burglary and deprivation of liberty – where offences were committed in the victim's home – where victim was an elderly lady and suffered serious physical and psychological harm as a result of the attack – where offender showed little remorse – where degree of callousness was significant – whether sentence was manifestly excessive

R v Amituanai (1995) 78 A Crim R 588; [1995] QCA 80, cited
R v Basic (2000) 115 A Crim R 456; [2000] QCA 155, considered
R v Bolton [2005] QCA 335; CA No 119 of 2005, 9 September 2005, considered
R v Henry [2002] QCA 520; CA No 272 of 2002, 27 November 2002, considered
R v Jerome [1997] QCA 299; CA No 230 of 1997, 18 July 1997, distinguished
R v Mallie[2000] QCA 188; CA 49 of 2000, 17 May 2000, considered
R v Price [2004] QCA 10; CA No 352 of 2003, 6 February 2004, considered
R v Shillingsworth & Cosh [1985] CCA 027; [1985] 1 Qd R 537, considered

COUNSEL:

C W Heaton for the applicant
M J Copley for the respondent

SOLICITORS:

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

WILLIAMS JA: The applicant pleaded guilty to charges of rape, grievous bodily harm, robbery with violence, burglary and deprivation of liberty in the District Court at Townsville on 21 February 2007. Each of the charges related to events which occurred on 13 December 2005. The applicant was sentenced on 5 March 2007 to 13 years imprisonment on the charge of rape, and lesser concurrent sentences were imposed with respect to the other offences. A declaration was made that he had spent 447 days in pre-sentence custody. He seeks leave to appeal against the head sentence on the ground that it is manifestly excessive particularly in view of his age. He was born on 7 November 1988 making him just some weeks past his 17^th birthday when the offences were committed; he was aged 18 at the time of sentence.

The…

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 Newman

Details

AGLC: R v Newman [2007] QCA 198
Case: [2007] QCA 198
Decision Date: 15 June 2007

CaseChat Overview and Summary

In the case of R v Newman, the applicant appealed against his sentence for a series of serious offences. The applicant pleaded guilty to charges of rape, grievous bodily harm, robbery with violence, burglary, and deprivation of liberty. The offences were committed against an elderly lady in her own home, resulting in significant physical and psychological harm. The court was tasked with determining whether the sentence imposed was manifestly excessive.

The central legal issue before the court was whether the sentence imposed was manifestly excessive given the gravity of the offences. The applicant argued that the sentence was too severe, while the prosecution maintained that the sentence was appropriate given the circumstances. The court had to weigh the severity of the crimes, the degree of harm caused to the victim, the applicant's lack of remorse, and the overall callousness of the offender.

In considering the appeal, the court reviewed the sentencing principles applicable to the gravity of the crimes and the personal circumstances of the offender. The court found that the sentence imposed was not manifestly excessive. The seriousness of the offences, the significant harm caused to the victim, and the lack of remorse demonstrated by the applicant supported the sentence. The court concluded that the sentence reflected the gravity of the crimes and the need for deterrence and denunciation. Consequently, the application for leave to appeal against the sentence was dismissed.

Orders

Orders of the court

Application for leave to appeal against sentence 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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

R v Newman [2007] QCA 198

Most Recent Citation

R v Newton [2008] QCA 248

Cases citing this decision · 16 of 16 shown

R v VN
[2023] QCA 220 Para 7

…a trial, by the imposition of sentences of 12 years for each of the three counts of rape. [4]See, for example, R v Newman (2007) A Crim R 171; [2007] QCA 198 at [20] and R v Flew [2008] QCA 290 at [23], referred to in Benjamin at [58]-[59] and [63].…
R v Wallace
[2023] QCA 22 Para 12

…R v Newman [2007] QCA 198 is a comparable decision, in terms of the circumstances of the offender and the offending, although fairly described as more serious. Newman was sentenced to 13 years’ imprisonment for the charge of rape, not disturbed (by majority) on appeal. He was just 17 at the time of the offending…
R v McLeod
[2017] QCA 152

…ces of having this sentence found manifestly excessive are not strong at all. Further support is derived from this court’s decision in R v Newman [2007] QCA 198, another pre-meditated offence involving robbery leading to a violent rape, in that case committed by a 17 year old with no prior convictions. He was sen…
R v Phillips
[2017] QCA 147 Para 1

…ffences of that kind the proper range of the sentencing discretion was in the order of 10 to 14 years imprisonment. [7][2008] QCA 318 at [17]. [8][2007] QCA 198.…
R v Utley
[2017] QCA 94 Para 28

…s bruising to various parts of her body. The complainant suffered significant ongoing psychological problems as a consequence of those injuries. [3][2007] QCA 198.…
R v Heckendorf
[2017] QCA 59 Para 2

…the submission citing also R v Goodwin; ex parte Attorney‑General (Qld) [2014] QCA 345 at [5]. [11][2008] QCA 203. [12][2009] QCA 51. [13][2007] QCA 198.…
R v Buchanan
[2016] QCA 33 Para 14

…sentences between 10 to 14 years. Counsel for Buchanan at the sentencing hearing accepted that Newman was “the most closely comparable”.[40] [36][2007] QCA 198. ( Newman ) [37][2008] QCA 248. ( Newton ) [38][2004] QCA 10. ( Price ) [39][2012] QCA 188. ( Benjamin ) [40]AB 26 line 20.…
R v Benjamin
[2012] QCA 188 Para 1

…In R v Newman [2007] QCA 198 a sentence of 13 years imprisonment imposed after pleas of guilty to rape, grievous bodily harm, robbery with violence, burglary and deprivation of liberty was not disturbed. Newman broke into the home of a 60 year old married woman who lived next door to his grandmother at night and…
R v Ray
[2011] QCA 365

…A 167, cited R v Jerome [1997] QCA 299, considered R v Mallie [2000] QCA 188, cited R v Newman (2007) 172 A Crim R 171; [2007] QCA 198, considered R v O’Brien [2008] QCA 163, considered R v Price [2004] QCA 10, considered R v Robinson [2007] QCA 99, considered Veen v The Queen [No. 2] (1988) 164 CLR 465; [1988] H…
R v Cain
[2010] QCA 373 Para 1

…006] QCA 352. [33][2008] QCA 391. [34]At [19] referring to R v Rankmore; ex parte A-G (Qld) [2002] QCA 492; R v Edwards [2004] QCA 20; R v Newman [2007] QCA 198; R v Cosh [2007] QCA 156; and R v Bolton [2005] QCA 355. [35] Penalties and Sentences Act 1992 (Qld), s 161A and Corrective Services Act 2006 (Qld), s 18…
R v AAH and AAG
[2009] QCA 321 Para 1

…e consequences of the terrifying assault on the victim continued to the present and stressed the importance of the denunciation of such crimes. [25][2007] QCA 198.…
R v Adams
[2009] QCA 51 Para 1

…[2][2007] QCA 198 at [31] – [41]. It cannot sensibly be said that the sentence was manifestly excessive. At the sentencing hearing the applicant's Counsel accepted that the range of sentences was between nine and 11 years imprisonment. The recent decision of this Court in R v Newman [2] where comparable cases are…
R v Walsh
[2008] QCA 391 Para 1

…risonment, carries with it the consequence that 80 per cent of that term must be served in actual custody.[6] [1][2002] QCA 492. [2][2004] QCA 20. [3][2007] QCA 198. [4][2007] QCA 156. [5]See also R v Bolton [2005] QCA 335. [6]See s 161A Penalties and Sentences Act 1992 (Qld) and s 182 Corrective Services Act 200…
R v. Willey
[2008] QCA 318 Para 1

…shows that for violent sexual offences of this kind, the proper range of the sentencing discretion is of the order of 10 to 14 years imprisonment. [3][2007] QCA 198. [4][2007] QCA 156.…
R v Flew
[2008] QCA 290 Para 1

…guilty, the range of appropriate sentences is between 10 and 14 years imprisonment. [2][2000] QCA 155; (2000) 115 A Crim R 456. [3][2000] QCA 188. [4][2007] QCA 198.…
R v. Newton
[2008] QCA 248 Para 1

…earned sentencing judge failed to recognise "the serious aggravating effect of the provisions in Part 9A [of the Act] on the sentence he imposed." [1][2007] QCA 198.…

View all 16 citing cases →

Cases cited in this decision · 7 of 7 shown

R v Bolton
[2005] QCA 335 Para 1

…The sentencing judge referred to a number of decisions of this Court dealing with sentences in comparable cases: Mallie [2000] QCA 188, Bolton [2005] QCA 335, Price [2004] QCA 10 and Jerome [1997] QCA 299. That led his Honour to say that the range for the most serious offences of this type was "10 to 14 years". I…
R v Price
[2004] QCA 10 Para 1

…judge referred to a number of decisions of this Court dealing with sentences in comparable cases: Mallie [2000] QCA 188, Bolton [2005] QCA 335, Price [2004] QCA 10 and Jerome [1997] QCA 299. That led his Honour to say that the range for the most serious offences of this type was "10 to 14 years". In my view, as…
R v Henry
[2002] QCA 520 Para 1

…In R v Henry [2002] QCA 520 that offender pleaded guilty to three counts of breaking and entering premises and stealing, burglary with circumstances of aggravation, four counts of rape, and stealing. The offence the subject of an application for leave to appeal was an offence of rape, committed when he was 19. He…
R v Mallie
[2000] QCA 188 Para 1

…The sentencing judge referred to a number of decisions of this Court dealing with sentences in comparable cases: Mallie [2000] QCA 188, Bolton [2005] QCA 335, Price [2004] QCA 10 and Jerome [1997] QCA 299. That led his Honour to say that the range for the most serious offences of this type was "10 to 14 years". I…
R v Basic
[2000] QCA 155 Para 1

…In R v Basic (2000) 115 A Crim R 456; [2000] QCA 155, that offender pleaded guilty to rape. He was 31, and not armed; he threatened to hurt the 19 year old victim if she complained to the police. He had accosted and raped her early one morning, while she was walking to work. He had previous convictions, although…
R v Jerome
[1997] QCA 299 Para 1

…r of decisions of this Court dealing with sentences in comparable cases: Mallie [2000] QCA 188, Bolton [2005] QCA 335, Price [2004] QCA 10 and Jerome [1997] QCA 299. That led his Honour to say that the range for the most serious offences of this type was "10 to 14 years". In my view, as the subsequent analysis of…
R v Amituanai
[1995] QCA 80

…degree of callousness was significant – whether sentence was manifestly excessive R v Amituanai (1995) 78 A Crim R 588; [1995] QCA 80, cited R v Basic (2000) 115 A Crim R 456; [2000] QCA 155, considered R v Bolton [2005] QCA 335; CA No 119 of 2005, 9 September 2005, considered R v Henry [2002] QCA 520; CA No 272…

Legislation cited in this decision · 0

No legislation cited in this case.

CITATION:	R v Newman [2007] QCA 198
PARTIES:	R v NEWMAN, Brenton James (applicant)
FILE NO/S:	CA No 63 of 2007 DC No 6232 of 2006
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Townsville
DELIVERED ON:	15 June 2007
DELIVERED AT:	Brisbane
HEARING DATE:	1 June 2007
JUDGES:	Williams and Jerrard JJA and White J Separate reasons for judgment of each member of the Court, Williams JA and White J concurring as to the order made, Jerrard JA dissenting
ORDER:	Application for leave to appeal against sentence dismissed
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – where applicant pleaded guilty to charges of rape, grievous bodily harm, robbery with violence, burglary and deprivation of liberty – where offences were committed in the victim's home – where victim was an elderly lady and suffered serious physical and psychological harm as a result of the attack – where offender showed little remorse – where degree of callousness was significant – whether sentence was manifestly excessive R v Amituanai (1995) 78 A Crim R 588; [1995] QCA 80, cited R v Basic (2000) 115 A Crim R 456; [2000] QCA 155, considered R v Bolton [2005] QCA 335; CA No 119 of 2005, 9 September 2005, considered R v Henry [2002] QCA 520; CA No 272 of 2002, 27 November 2002, considered R v Jerome [1997] QCA 299; CA No 230 of 1997, 18 July 1997, distinguished R v Mallie[2000] QCA 188; CA 49 of 2000, 17 May 2000, considered R v Price [2004] QCA 10; CA No 352 of 2003, 6 February 2004, considered R v Shillingsworth & Cosh [1985] CCA 027; [1985] 1 Qd R 537, considered
COUNSEL:	C W Heaton for the applicant M J Copley for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent