SUPREME COURT OF QUEENSLAND
CITATION:
R v O'Dell [2006] QCA 8
PARTIES:
R
v
O'DELL, David John
(applicant)FILE NO/S:
CA No 274 of 2005
DC No 26 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Dalby
DELIVERED EX TEMPORE ON:
6 February 2006DELIVERED AT:
Brisbane
HEARING DATE:
6 February 2006
JUDGES:
McMurdo P, Keane JA and Muir J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence dismissed
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 REFUSED - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - where applicant pleaded guilty to one count of causing grievous bodily harm and one count of wilfully causing damage to property - where longstanding feud between applicant and complainant - where applicant struck complainant on hand and face with fence paling - where complainant suffered serious injury - where applicant had substantial criminal history interstate - where learned sentencing judge gave applicant credit for guilty plea and good record in Queensland - where applicant was sentenced to two years imprisonment suspended after 12 months for grievous bodily harm and six months imprisonment for wilful damage - whether the sentence imposed was manifestly excessive
R v Greig; ex parte A-G (Qld) [2000] QCA 276; CA No 427 of 1999, 13 July 2000, cited
R v Hudson; ex parte A-G (Qld) [2002] QCA 239; CA No 124 of 2002, 3 July 2002, cited
R v O'Grady; ex parte A-G (Qld) [2003] QCA 137; CA No 35 of 2003, 28 March 2003, citedCOUNSEL:
B G Devereaux SC for the applicant
M J Copley for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
KEANE JA: On 27 September 2005 the applicant was sentenced, following his plea of guilty, to one count of wilfully causing damage to property and one count of causing grievous bodily harm. In respect of the offence of grievous bodily harm he was sentenced to two years imprisonment suspended after 12 months with an operational period of three years. He was sentenced to six months imprisonment in respect of the wilful damage offence. The sentences were to be served concurrently.
The applicant seeks leave to appeal against the sentence in respect of the offence of grievous bodily harm on the ground that it is manifestly excessive by reason of the length of time which the applicant is obliged to serve in actual custody before the sentence is suspended. In this regard it is contended that the sentence should be suspended after the applicant has served eight months in custody.
As to the circumstances of the offence, the complainant and the applicant lived with their families in adjoining units of a duplex in Dalby.…
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- AGLC
- R v O'Dell [2006] QCA 8
- Case
- [2006] QCA 8
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the sentence imposed by the sentencing judge was manifestly excessive. The appellant argued that the sentence was too harsh given the circumstances of the case and his otherwise good conduct record in Queensland. The court was required to determine whether the sentence was so disproportionate to the offence that it amounted to an error in principle warranting appellate intervention. The court considered the principle of totality, which requires that the aggregate penalty for multiple offences not be excessive in relation to the gravity of the offences and the offender's culpability.
In assessing the appeal, the court reviewed the sentencing judge's reasoning and the overall proportionality of the sentence. The court noted that the sentencing judge had appropriately balanced the seriousness of the offences, the appellant's criminal history, and the mitigating factors of the guilty plea and good conduct record in Queensland. The court found that the sentence was within the range of acceptable penalties for the crimes committed and did not constitute a manifestly excessive punishment. Therefore, the appeal against the sentence was dismissed, and leave to appeal was refused.
Orders
Orders of the court
Application for leave to appeal against sentence dismissed
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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