R v NT

Case [2018] QCA 106


SUPREME COURT OF QUEENSLAND

CITATION:

R v NT [2018] QCA 106

PARTIES:

R
v
NT
(applicant)

FILE NO/S:

CA No 264 of 2017
DC No 2268 of 2017

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane – Date of Sentence: 12 October 2017 (Koppenol DCJ)

DELIVERED ON:

5 June 2018

DELIVERED AT:

Brisbane

HEARING DATE:

16 May 2018

JUDGES:

Gotterson and Morrison JJA and Atkinson J

ORDER:

The application for leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – RELEVANT FACTORS – TIME SPENT IN CUSTODY – where the applicant was found guilty of two counts of torture, one count of common assault, one count of rape, one count of assault occasioning bodily harm whilst armed and two counts of deprivation of liberty – where 502 days of pre-sentence custody could be declared for the purposes of s 159A of the Penalties and Sentences Act 1992 (Qld) – where the sentencing judge had a discretion as to whether to account for that time in a reduction of the head sentence and the parole eligibility date – where the sentencing judge made an allowance for the pre-sentence custody in imposing an earlier parole eligibility date – where the sentencing judge failed to explain how the allowance in respect of the head sentence was dealt with or to give reasons as to why such an allowance should not be made – whether the sentencing judge was in error

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was found guilty of two counts of torture, one count of common assault, one count of rape, one count of assault occasioning bodily harm whilst armed and two counts of deprivation of liberty – where 502 days of pre-sentence custody could be declared for the purposes of s 159A of the Penalties and Sentences Act 1992 (Qld) – where the sentencing judge had a discretion as to whether to account for that time in a reduction of the head sentence and the parole eligibility date – where the sentencing judge made an allowance for the pre-sentence custody in imposing an earlier parole eligibility date – where the sentencing judge failed to explain how the allowance in respect of the head sentence was dealt with or to give reasons as to why such an allowance should not be made – where the applicant engaged in heinous acts of domestic violence against the complainant – whether, if an error was found to have been committed, the sentence was rendered manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 159A

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37, cited
R v Carlisle[2017] QCA 258, cited
R v Chinfat[1995] QCA 508, cited
R v Edwards[1997] QCA 472, cited
R v Hunt[1994] QCA 440, cited
R v Lonesborough[1999] QCA 120,…

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R v NT [2018] QCA 106
Case
[2018] QCA 106
Decision Date

CaseChat Overview and Summary

The case before the court involved the applicant, who had been found guilty of two counts of torture, one count of common assault, one count of rape, one count of assault occasioning bodily harm whilst armed, and two counts of deprivation of liberty. The court was asked to consider whether the sentencing judge had erred in the way they accounted for the applicant's pre-sentence custody. Specifically, the court needed to determine if the sentencing judge had appropriately exercised their discretion under section 159A of the Penalties and Sentences Act 1992 (Qld), which allows for time spent in custody to be taken into account in the sentencing process.

The court considered whether the sentencing judge was in error by making an allowance for the pre-sentence custody in imposing an earlier parole eligibility date but failing to adequately explain how this allowance was dealt with in respect of the head sentence or to provide reasons as to why such an allowance should not be made. The court evaluated whether the sentencing judge's approach resulted in a sentence that was manifestly excessive or inadequate. Given the severity of the applicant's crimes, which involved heinous acts of domestic violence against the complainant, the court had to determine if the error, if any, rendered the sentence manifestly excessive.

The court concluded that despite the error in the sentencing process, the sentence was not rendered manifestly excessive. The court held that the applicant's crimes were of a serious nature and warranted a significant custodial sentence. The court found that the sentencing judge had exercised their discretion appropriately in imposing an earlier parole eligibility date, and the overall sentence was not manifestly excessive. Therefore, the application for leave to appeal against the 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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