SUPREME COURT OF QUEENSLAND
CITATION:
R v Nicholson; ex parte DPP (Cth); R v Hyde-Harris; ex parte DPP (Cth) [2004] QCA 393
PARTIES:
R
v
NICHOLSON, Grant
(appellant)
R
v
HYDE-HARRIS, Philip Anthony
(appellant)
R
v
NICHOLSON, Grant
(respondent)
EX PARTE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS
(appellant)
R
v
HYDE-HARRIS, Philip
(respondent)
EX PARTE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS
(appellant)FILE NO/S:
CA No 214 of 2004
CA No 215 of 2004
CA No 225 of 2004
CA No 226 of 2004
DC No 935 of 2003DIVISION:
Court of Appeal
PROCEEDING:
Appeals against Conviction
Sentence Appeals by Cwth DPPORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
22 October 2004
DELIVERED AT:
Brisbane
HEARING DATE:
7 October 2004
JUDGES:
de Jersey CJ, Jerrard JA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. In CA No 214 of 2004 and CA No 215 of 2004: Appeals against conviction dismissed
2. In CA No 225 of 2004 and CA No 226 of 2004:
(a) Appeals allowed
(b) The sentence imposed in the case of the respondent Hyde-Harris be varied to provide for release after the serving of 15 months imprisonment, and otherwise confirmed
(c) The sentence imposed in the case of the respondent Nicholson be varied to provide for release after the serving of 12 months imprisonment, and otherwise confirmedCATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – CONSIDERATION OF SUMMING UP AS A WHOLE – where each appellant was convicted by a jury in the District Court of attempting to defraud the Commonwealth – whether the learned trial judge erred in his direction to the jury concerning the failure of the respective appellants to give evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN OFFICER – APPLICATIONS TO INCREASE SENTENCE – OTHER OFFENCES – where Hyde-Harris was sentence to three years imprisonment to be released after serving nine months – where Nicholson was sentenced to two and a half years imprisonment, to be released after six months – where the Commonwealth Director of Public Prosecutions appeals against the sentences imposed – whether the sentences imposed were manifestly inadequateAzzopardi v R (2001) 205 CLR 50, cited
R v Cappadona (2001) 122 A Crim R 52; [2001] NSWCCA 194, considered
R v Kazacos; ex parte Commonwealth Director of Public Prosecutions (1999) 106 A Crim R 252, distinguished
R v Keevers; R v Filewood [2004] QCA 207; CA No 90 of 2004; CA No 91 of 2004; CA No 98 of 2004; CA No 132 of 2004, 18 June 2004, cited
R v Macris [2004] NSWCCA 261, considered
R v McFarlane, unreported, Queensland District Court, Indictment No 434 of 2003, 30 January 2004,…
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- Case
- [2004] QCA 393
- Decision Date
CaseChat Overview and Summary
The central legal issue in this case was whether the trial judge erred in his direction to the jury concerning the failure of the appellants to give evidence. The Court considered the summing up as a whole and found that the trial judge did not err in his direction to the jury. The Court also considered whether the sentences imposed were manifestly inadequate. The Court found that the sentences were inadequate and varied them accordingly.
In reaching its decision, the Court considered the totality of the circumstances, including the nature and gravity of the offence, the culpability of the offenders, and the need for deterrence and denunciation. The Court held that the trial judge's direction to the jury was not erroneous and that the sentences imposed were manifestly inadequate. The Court varied the sentences to provide for release after the serving of 15 months for Hyde-Harris and 12 months for Nicholson, and otherwise confirmed the sentences.
Orders
Orders of the court
1. In CA No 214 of 2004 and CA No 215 of 2004: Appeals against conviction dismissed
2. In CA No 225 of 2004 and CA No 226 of 2004:
(a) Appeals allowed
(b) The sentence imposed in the case of the respondent Hyde-Harris be varied to provide for release after the serving of 15 months imprisonment, and otherwise confirmed
(c) The sentence imposed in the case of the respondent Nicholson be varied to provide for release after the serving of 12 months imprisonment, and otherwise confirmed
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
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