R v NQ

Case [2013] QCA 402


SUPREME COURT OF QUEENSLAND

CITATION:

R v NQ [2013] QCA 402

PARTIES:

R
v
NQ
(applicant)

FILE NO/S:

CA No 58 of 2013
SC No 626 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:


Supreme Court at Brisbane

DELIVERED ON:

20 December 2013

DELIVERED AT:

Brisbane

HEARING DATE:

18 October 2013

JUDGES:

Margaret McMurdo P, Morrison JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The application for leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the applicant pleaded guilty in December 2012 to manslaughter (count 1), and in May 2009 to improperly interfering with a corpse (count 2) – where the applicant was sentenced to nine years and nine months imprisonment on count 1 and that conviction was declared to be a conviction for a serious violent offence – where the applicant was sentenced to two years concurrent imprisonment on count 2 – where the applicant contends that the learned sentencing judge erred by not stating that account was taken of the plea of guilty, as required by s 13(3) of the Penalties and Sentences Act 1992 (Qld) – where the primary judge directly referred to the applicant’s pleas of guilty but did not use the precise terms of s 13(3) – whether the primary judge complied with s 13(3) of the Penalties and Sentences Act

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the statement of facts tendered by consent at sentence referred to statements made by the applicant in his police interview on 30 October 2009, which had previously been ruled inadmissible – where the applicant entered free and informed pleas of guilty prior to sentence – where, at sentence, the applicant was represented by counsel instructed by solicitors – where the statement of facts was tendered by consent and the applicant’s counsel confirmed that it was not disputed and was the truth – whether the learned sentencing judge erred in receiving or acting on the statement of facts insofar as it referred to the applicant’s statements to police on 30 October 2009

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS – where a co-offender of the applicant was sentenced to nine years imprisonment for the offence of manslaughter and one year concurrent imprisonment for the offence of interfering with a corpse – where, but for the co-offender’s cooperation, she would have been sentenced to 12 years imprisonment – where the sentencing court exercised its discretion under s 161B(3) not to make a serious violent offence declaration in relation to the co-offender’s conviction for manslaughter – where the applicant carried out an extended violent attack upon the deceased with a baseball bat, while the co-offender led the deceased to that…

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R v NQ [2013] QCA 402
Case
[2013] QCA 402
Decision Date

CaseChat Overview and Summary

In this case, the applicant appealed against his sentence, arguing that the learned sentencing judge had erred in several respects. The applicant had pleaded guilty to manslaughter and improperly interfering with a corpse, and was sentenced to nine years and nine months imprisonment for the manslaughter and two years concurrent imprisonment for the corpse interference. The applicant argued that the sentencing judge had not properly acknowledged his plea of guilty, that the judge had erred in considering an inadmissible statement, that the parity principle had not been correctly applied, and that the sentence was manifestly excessive. The court considered these arguments in turn.

The court found that while the sentencing judge had not used the precise terms of s 13(3) of the Penalties and Sentences Act 1992 (Qld), he had directly referred to the applicant’s pleas of guilty and had considered them in determining the sentence. The court found that the sentencing judge had not erred in this respect. The court also found that there had been no error in the sentencing judge considering the statement of facts, as the applicant’s counsel had confirmed that it was not disputed and was the truth. The court found that the sentencing judge had correctly applied the parity principle, taking into account the co-offender’s cooperation with authorities. Finally, the court found that the sentence was not manifestly excessive, given the premeditated and violent nature of the crime, the applicant’s criminal history, and the fact that the applicant had cooperated with police.

The court dismissed the appeal against sentence, finding that there had been no error on the part of the sentencing judge. The application for leave to appeal against sentence was refused.

Orders

Orders of the court

The application for leave to appeal against sentence is refused.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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