R v Pearce

[2010] QCA 338

SUPREME COURT OF QUEENSLAND

CITATION:

R v Pearce [2010] QCA 338

PARTIES:

R
v
PEARCE, Peter John
(applicant)

FILE NO/S:

CA No 180 of 2010
DC No 76 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Maroochydore

DELIVERED ON:

7 December 2010

DELIVERED AT:

Brisbane

HEARING DATE:

24 November 2010

JUDGES:

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

ORDER:

Application for leave to appeal against sentence is refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted of one count of dangerous operation of a motor vehicle and sentenced to 18 months imprisonment with parole after nine months – where applicant followed aggressively behind the complainant who was riding a motor scooter – where applicant mounted the kerb and rammed the complainant’s scooter – whether sentence manifestly excessive

R v Dean[2006] QCA 256, distinguished
R v Hillier[2007] QCA 279, distinguished
R v Theuerkauf & Theuerkauf; ex parte A-G (Qld)[2003] QCA 94, considered
R v Tufuga & Kepu; ex parte A-G (Qld)[2003] QCA 171, considered

COUNSEL:

C Heaton SC for the applicant
D L Meredith for the respondent

SOLICITORS:

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

[1]      MARGARET McMURDO P:  This application for leave to appeal against sentence should be refused for the reasons given by Holmes JA.

[2]      HOLMES JA:  The applicant was convicted after a trial of one count of dangerous operation of a motor vehicle and now seeks leave to appeal against his sentence of 18 months imprisonment, with a parole release date after nine months.

The offence

[3]      The offence arose in the context of unexplained animosity between the applicant and a man named Hartig, with whom he had previously worked.  According to Hartig, the applicant abused him one afternoon as he rode his scooter past the applicant’s house in Caloundra on his way to a visit a friend.  He responded by stopping and pretending to take pictures of the applicant with his mobile phone before driving off.  On his return journey, Hartig was stopped at a “Stop” sign when he saw the applicant’s car approaching from his right at 50 or 60 kilometres per hour.  The applicant turned into the street where Hartig was stationary and performed a U-turn to come up behind him.  According to Hartig, he was “revving” the motor of the car, making its tyres screech, and shouting threats to kill him. 

[4]      Instead of making an intended turn, Hartig accelerated straight ahead.  The applicant followed him, still shouting threats, his car close behind the scooter.  The drivers of two nearby vehicles, seeing them approach, pulled over to the side of the road.  Hartig drove up onto the footpath to escape, stopped his scooter, dropping…