R v Osborne

Case [2014] QCA 291


SUPREME COURT OF QUEENSLAND

CITATION:

R v Osborne [2014] QCA 291

PARTIES:

R
v
OSBORNE, Christopher James
(applicant)

FILE NO/S:

CA No 145 of 2014
DC No 145 of 2014

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:


District Court at Townsville

DELIVERED ON:

21 November 2014

DELIVERED AT:

Brisbane

HEARING DATE:

21 October 2014

JUDGES:

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

ORDERS:

1.      Application for leave to appeal granted.

2.      Appeal allowed.

3.      Vary the order that the term of imprisonment be suspended after serving a period of 14 months imprisonment and instead order the term of imprisonment be suspended after serving a period of nine months imprisonment.

4.      Vary the order that the applicant be disqualified from holding or obtaining a driver’s licence for a period of five years and instead order the applicant be disqualified from holding or obtaining a driver’s licence for a period of two years.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted of one count of dangerous operation of a vehicle causing death and grievous bodily harm – where applicant drove his wide load vehicle past cyclists, striking two with his wide load – where applicant sentenced to three and a-half years imprisonment suspended after 14 months – where applicant disqualified from holding or obtaining a driver’s licence for five years – whether there should be a reduction of the period of suspension of imprisonment – whether there should be a reduction in the licence disqualification period

Criminal Code and Civil Liability Amendment Act 2007 (Qld), s 4
Penalties and Sentences Act 1992 (Qld), s 9, s 187
Transport Operations (Road Use Management) Act 1995 (Qld), s 86, s 131(2)

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, applied
R v Cunningham[2005] QCA 321, cited
R v Dean (2006) 45 MVR 542; [2006] QCA 256, cited
R v Harris; Ex parte Attorney-General (Qld)[1999] QCA 392, cited
R v Huxtable[2014] QCA 249, distinguished
R v MacDonald[2014] QCA 9, applied
R v Maher[2012] QCA 7, considered
R v Murphy[2009] QCA 93, considered
R v Nhu Ly [1996] 1 Qd R 543; [1995] QCA 139, considered
R v Plath[2003] QCA 567, cited
R v Price (2005) 43 MVR 573; [2005] QCA 52, cited
R v Torrens[2011] QCA 38, followed

COUNSEL:

J R Hunter QC, with J A Greggery, for the applicant
B J Power for the respondent

SOLICITORS:

Purcell Taylor Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. HOLMES JA:  I agree with the reasons of Henry J and the orders he proposes.

  1. McMEEKIN J:  I have read the reasons of Henry J and agree with those reasons and the orders…

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Details
AGLC
R v Osborne [2014] QCA 291
Case
[2014] QCA 291
Decision Date

CaseChat Overview and Summary

The case before the court involved an appeal against sentence by the applicant, Osborne, who was convicted of dangerous operation of a vehicle causing death and grievous bodily harm. Osborne drove his wide load vehicle past cyclists, striking two individuals with his vehicle. Following his conviction, Osborne was sentenced to a three and a-half-year term of imprisonment, which was suspended after 14 months, and he was disqualified from holding or obtaining a driver’s licence for five years. The applicant sought to challenge the severity of the sentence, arguing that both the period of suspended imprisonment and the disqualification period were excessive. The court was required to determine whether the sentence was manifestly excessive or inadequate and, if so, whether it should be altered.

The central legal issue before the court was whether the sentence imposed on Osborne was manifestly excessive or inadequate. The court considered the principles governing the assessment of sentence, including the need for sentences to reflect the gravity of the offence and to serve purposes such as punishment, deterrence, and rehabilitation. The court also considered the particular circumstances of the case, including the nature of the offence and Osborne's culpability, as well as the impact of the sentence on him and on the victims and their families. The court needed to balance the need for an appropriate punishment with the broader principles of sentencing.

The court found that the original sentence imposed on Osborne was indeed manifestly excessive. It noted that while the offence was serious, the sentence should reflect a balance between the gravity of the offence and the principles of sentencing. The court was satisfied that a reduction in both the period of suspended imprisonment and the licence disqualification period was warranted. The court varied the sentence by reducing the period of imprisonment suspension from 14 months to nine months and the licence disqualification period from five years to two years. The court considered these changes to be more proportionate to the offence and its circumstances, while still achieving the purposes of sentencing.

The court granted Osborne's application for leave to appeal and allowed the appeal. It ordered that the term of imprisonment be suspended after serving a period of nine months imprisonment and that the applicant be disqualified from holding or obtaining a driver’s licence for a period of two years. This outcome reflects a considered approach to sentencing, taking into account both the severity of the offence and the principles that should guide the imposition of sentence.

Orders

Orders of the court

1. Application for leave to appeal granted.

2. Appeal allowed.

3. Vary the order that the term of imprisonment be suspended after serving a period of 14 months imprisonment and instead order the term of imprisonment be suspended after serving a period of nine months imprisonment.

4. Vary the order that the applicant be disqualified from holding or obtaining a driver’s licence for a period of five years and instead order the applicant be disqualified from holding or obtaining a driver’s licence for a period of two years.

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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