R v Noone

[2021] QCA 23

SUPREME COURT OF QUEENSLAND

CITATION:

R v Noone [2021] QCA 23

PARTIES:

R
v
NOONE, Darren John
(applicant)

FILE NO/S:

CA No 186 of 2020
DC No 709 of 2019

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Cairns – Date of Sentence: 3 September 2020 (Morzone QC DCJ)

DELIVERED ON:

19 February 2021

DELIVERED AT:

Brisbane

HEARING DATE:

11 February 2021

JUDGES:

Morrison and Mullins JJA and Lyons SJA

ORDER:

The application for leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted of one count of grievous bodily harm and sentenced to two years’ imprisonment with a parole release date after serving six months and ordered to pay $5,000 in compensation within two years – where the applicant seeks leave to appeal against the sentence on the basis of being manifestly excessive – where the complainant sustained long-term eye injuries, anxiety and other distress, and ceased employment due to the offending – where the applicant argues that he has extreme difficulty paying the restitution given he has been in custody and unemployed – where the applicant wishes to be released early due to his family experiencing difficulties – whether the sentence imposed was manifestly excessive

R v Brand[2006] QCA 525, considered
R v Stringer [2014] QCA 342, considered

COUNSEL:

The applicant appeared on his own behalf
D Nardone for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. MORRISON JA:  I have read the reasons of Lyons SJA and agree with those reasons and the order her Honour proposes.

2. MULLINS JA:  I agree with Lyons SJA.

3. LYONS SJA:

   This application

4. On 3 September 2020 the applicant pleaded guilty in the Cairns District Court to one count of grievous bodily harm which had been committed on 16 November 2018.  He was sentenced to two years’ imprisonment with a parole release date fixed at 3 March 2021 after serving six months.  He was also ordered to pay compensation in the sum of $5,000 within two years to the Registrar at Cairns.

5. The applicant, who appears on his own behalf, now seeks leave to appeal that sentence on the basis that the compensation order when combined with the two-year head sentence requiring actual custody of six months makes the sentence manifestly excessive.

   Circumstances of the offence

6. At the time of the offence the complainant was 50 years old and living in a unit in Cairns with her partner.  On the evening of the offence the complainant, her partner and a guest were eating and drinking at their unit.  That guest then invited the applicant to attend the unit.  The complainant left as she did not wish the applicant to attend.  When the applicant arrived he drank rum with the complainant’s partner and the guest.

7. An argument subsequently erupted that evening…