R v Norton

[2007] QCA 320

SUPREME COURT OF QUEENSLAND

CITATION:

R v Norton [2007] QCA 320

PARTIES:

R
v
NORTON, Bronson John
(applicant)

FILE NO/S:

CA No 108 of 2007
DC No 959 of 2007
DC No 3612 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

2 October 2007

DELIVERED AT:

Brisbane

HEARING DATE:

2 October 2007

JUDGES:

Holmes JA, Jones and Douglas JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. The application for leave to appeal against sentence is allowed
2. The appeal against sentence is allowed
3. Vary the order below to the effect that the parole release date is fixed at 2 October 2007
4. Pursuant to s 161 of the Penalties and Sentences Act 1992 (Qld) declare that the applicant spent 127 days in presentence custody between 6 December 2006 and
11 April 2007 and that that period be deemed time already served under the concurrent sentences of
8 months imprisonment imposed in respect of the offences charged under indictment 959 of 2007

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 GRANTED – PARTICULAR OFFENCES – PROPERTY OFFENCES – where applicant pleaded guilty to attempted robbery in company, unlawfully entered a vehicle with the intent to commit an indictable offence in the night in company and unlawfully used the motor vehicle – where applicant sentenced to 18 months imprisonment for the first offence and to a further eight months imprisonment cumulatively for the latter offences –where it was submitted that the sentencing judge erred by failing to take into account adequately matters of mitigation  to moderate the total period of imprisonment of 26 months – whether the sentence was manifestly excessive – whether the parole release date should be fixed earlier

Corrective Services Act 2006 s 184, s 185

R v Francis [1996] QCA 217, cited
R v Monday [2000] QCA 491, cited
R v RW [2003] QCA 301, cited
R v Hoad [2005] QCA 92, followed

COUNSEL:

A W Moynihan SC for the applicant
T A Fuller for the respondent

SOLICITORS:

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

DOUGLAS J:  The principal issue in this appeal against sentence is whether the learned sentencing Judge failed to take into account adequately matters of mitigation arising from the applicant's limited criminal history, good work history and his cooperation with the authorities, including his plea of guilty, by fixing a parole release date later than he should have done based on normal sentencing practice in Queensland.

The applicant pleaded guilty to charges that he committed attempted robbery in company, unlawfully entered a vehicle with the intent to commit an indictable offence in the night in company and unlawfully used the motor vehicle.

He was…