R v Pierpoint

[2001] QCA 493

SUPREME COURT OF QUEENSLAND

CITATION:

R v Pierpoint [2001] QCA 493

PARTIES:

R
v
PIERPOINT, Glen James

(appellant)

FILE NO/S:

CA No 211 of 2001
DC No 38 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Maryborough

DELIVERED ON:

13 November 2001

DELIVERED AT:

Brisbane

HEARING DATE:

19 October 2001

JUDGES:

Thomas JA, Ambrose and Cullinane JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Leave to appeal granted. Sentence set aside, in lieu impose a sentence of 12 months imprisonment.  Order that the sentence having commenced on 3 August 2001 be suspended forthwith with an operational period of 12 months

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AFTER INQUIRY AND CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – where assault occasioning bodily harm – where defacto relationship, custody dispute, alcohol problem and assault stopped by arrival of police – whether sentence manifestly excessive

STATUTES – ACTS OF PARLIAMENT – OPERATION AND EFFECT OF STATUTES – RETROSPECTIVE OPERATION – where legislation altered between date of offence and date of sentence – whether new legislation applied at date of sentence – whether legal consequence would be a greater punishment than provided by previous legislation

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – INTERPRETATION ACTS AND CLAUSES – whether Corrective Services Act 2000 (Qld) s 134(1)(a)(ii) has application to offences committed before 1 July 2001 – whether Penalties and Sentences Act 1992 (Qld) s 157(2) should be construed to apply to offences of less than 2 years committed before 1 July 2001

Acts Interpretation Act 1954 (Qld), s 4 and s 20C (3)
Corrective Services Act 1998 (Qld)
Corrective Services Act 2000 (Qld), s 76(1)(b), s 134, s 134(1)(a), s 134(1)(a)(i), s 134(1)(a)(ii), s 135(2)(e), s 276, Sch 2 and Ch 5,
Penalties and Sentences Act 1992 (Qld), s 157(2) and s 180(1)

R v Anlezark [1999] QCA 380, CA No 207 of 1999, 9 September 1999, considered
R v Bean [1999] QCA 359, CA No 95 of 1999, 26 August 1999, considered
R v Matamua; ex parte Attorney-General (Qld) [2000] QCA 400, CA No 186 of 2000, 28 September 2000, considered
R v Taylor [2000] QCA 311, CA No 139 of 2000, 4 August 2000, followed
R v Ward [1998] QCA 329, CA No 245 of 1998, 18 September 1998, considered

COUNSEL:

BG Devereaux for the appellant
M Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent

1. THOMAS JA:   I agree with the reasons of Ambrose J and the orders that he proposes.

1. AMBROSE J:   This is an application for leave to appeal against sentence.

1. On 3 August 2001, the applicant pleaded guilty to assaulting his defacto wife (the “complainant”) on 14 August 2000 and thereby occasioning her bodily harm.

1. He had been living with the complainant in a defacto relationship for about ten years…