R v Perry

[1997] QCA 121

COURT OF APPEAL
McPHERSON JA
WILLIAMS J

MACKENZIE J

CA No 10 of 1997
THE QUEEN
v.

LYNETTE ALLISON PERRY

BRISBANE
..DATE 16/04/97
160497 D.1 T6/LE9 M/T COA66/97
McPHERSON JA: This is an application by Lynette Allison Perry
for leave to appeal against a sentence of probation for a period
of 18 months together with a complaint that the Judge in the
Court below recorded a conviction.

The offence arose out of a disturbance which deteriorated into a minor riot. The police were called, and the persons involved in the disturbance then turned their attention to attacking the police.

The applicant was one of them. She attacked a policewoman who was attempting to put one of the others into a police vehicle. The applicant assaulted the police officer by pulling, pushing or knocking her feet away from under her so that she fell on the ground where she was attacked by others.

The fall caused some not inconsiderable pain to the face or chin of the policewoman. It cannot be regarded as a minor offence, particularly in terms of the circumstances in which it took place and to the fact that it was an interference with police who were carrying out their duty of attempting to maintain peace and prevent an escalation of the disturbance.

One would have thought that on any view there was little prospect of success in the application having regard to the modest nature of the penalty imposed, and it may be that the applicant herself had feelings to the same effect.

When called three times in this Court this morning she did not appear and, although there is evidence that material including 160497 D.1 T6/LE9 M/T COA66/97

the respondent Crown's outlines in answer to this application was served on her as recently as Monday, it appears that she may have realised the fatuity of her application in this Court.

At all events, the applicant having been called and not having appeared, Mr Meredith on the part of the Crown asks that the application for leave to appeal be dismissed. I would accede to that application and dismiss the attempt to appeal against sentence in this case.

WILLIAMS J: I agree.

MACKENZIE J: I agree.

McPHERSON JA: The application for leave to appeal against sentence is dismissed.

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CaseChat Overview and Summary

In the case of R v Perry, the defendant, Lynette Allison Perry, sought leave to appeal against a sentence of probation for a period of 18 months, as well as challenging the recording of a conviction by the trial judge. The case arose from a disturbance that escalated into a minor riot, during which Perry attacked a police officer who was attempting to arrest another individual. The attack resulted in the officer falling and sustaining injuries to her face or chin. The nature of the offence, considering the circumstances and the interference with the police, was deemed significant.

The legal issues before the Court of Appeal were whether the sentence was so manifestly excessive or inadequate as to shock the conscience of the court and whether the applicant had a reasonable prospect of success on appeal. Given the modest nature of the penalty and the lack of appearance by the applicant despite multiple calls, the court considered the prospects of success to be minimal. The Court also had to determine whether the recording of a conviction by the trial judge was appropriate.

The Court of Appeal, comprising McPherson JA, Williams J, and MacKenzie J, unanimously dismissed the application for leave to appeal against the sentence. The court found that the sentence was appropriate given the circumstances and the modest nature of the penalty imposed. Furthermore, the recording of a conviction by the trial judge was deemed correct. The judges concluded that the applicant had no reasonable prospect of success on appeal, and thus the application for leave to appeal was dismissed.

In conclusion, the Court of Appeal dismissed the application for leave to appeal against the sentence imposed on Lynette Allison Perry and affirmed the conviction recorded by the trial judge. The judges found that the sentence was appropriate and that the applicant had no reasonable prospect of success on appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established