SUPREME COURT OF QUEENSLAND
CITATION:
R v Piper [2015] QCA 129
PARTIES:
R
v
PIPER, Douglas Paul
(applicant)FILE NO/S:
CA No 13 of 2015
SC No 39 of 2014
SC No 49 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
Supreme Court at Rockhampton – Unreported, 13 August 2014DELIVERED ON:
17 July 2015
DELIVERED AT:
Brisbane
HEARING DATE:
11 June 2015
JUDGES:
Gotterson and Morrison JJA and Boddice J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The applicant’s Notice of Abandonment filed 13 September 2014 be set aside.
2. The applicant’s application for leave to appeal against his sentence, filed 29 August 2014, be reinstated as of and from that date.
3. The application for leave to appeal the sentence be granted.
4. The appeal be allowed, to the limited extent that the applicant’s parole eligibility date be fixed at 1 February 2016 instead of 1 October 2016.
5. The notice of application for an extension of time within which to appeal, and the application for leave to appeal against sentence, both filed on 22 January 2015, be struck out.
CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where the applicant had filed an application for leave to appeal against sentence – where the applicant subsequently filed a Notice of Abandonment – where the applicant was not legally represented as at the date of filing the Notice of Abandonment and was not aware of the legal consequences of filing a Notice of Abandonment – whether the applicant should be given leave to set aside the Notice of Abandonment and reinstate the application for leave to appeal
CRIMINAL LAW – SENTENCE – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant’s attack on the complainant was premeditated, unanticipated, caused life-threatening wounds and was not provoked – where the applicant had, after attacking the victim, sought to attack his estranged wife – where the applicant did not have a prior criminal history – where the applicant’s estranged wife had recently obtained a Domestic Violence Protection Order against the applicant – whether the sentence imposed was manifestly excessive
Criminal Practice Rules 1999 (Qld), r 64
Barbaro v The Queen (2014) 88 ALJR 372; (2014) 236 A Crim R 116; [2014] HCA 2, cited
R v Amery[2011] QCA 383, cited
R v Douglas[2004] QCA 1, cited
R v Flew[2008] QCA 290, applied
R v Folwell, Andrew Grant, unreported - 11 September 2013, (Mackay); Indictment No 22 of 2013, applied
R v Holland[2008] QCA 200, cited
R v Laing[2008] QCA 317, cited
R v Lyon[2006] QCA 146, cited
R v MBC[2008] QCA 263, cited
R v Mitchell
Continue reading R v Piper
Sign in free to access the full text
- AGLC
- R v Piper [2015] QCA 129
- Case
- [2015] QCA 129
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the applicant should be allowed to set aside the Notice of Abandonment and reinstate his application for leave to appeal against his sentence. This involved assessing the principles governing the grant or refusal of extensions of time for appeals. The court also had to determine whether the sentence was manifestly excessive or inadequate, considering the premeditated nature of the attack, the life-threatening injuries sustained by the victim, and the applicant's criminal history. Furthermore, the court examined whether the applicant's attempt to attack his estranged wife after the initial assault and the recent imposition of a Domestic Violence Protection Order against the applicant influenced the severity of the sentence.
The court found that the applicant should be granted leave to set aside the Notice of Abandonment and reinstate his application for leave to appeal. The court recognised that the applicant was not legally represented when he filed the Notice of Abandonment and was unaware of its legal consequences. Given these circumstances, the court determined that it was in the interests of justice to allow the applicant to withdraw the notice and reinstate his application. Regarding the sentence, the court concluded that while the attack was premeditated and caused severe injuries, the applicant's lack of prior criminal history and his productive life prior to the offence were mitigating factors. The court allowed the appeal to the extent of fixing the applicant's parole eligibility date at 1 February 2016 instead of 1 October 2016, finding the original sentence to be slightly excessive.
The final orders of the court were to set aside the Notice of Abandonment filed on 13 September 2014, reinstate the applicant's application for leave to appeal against sentence filed on 29 August 2014, grant the application for leave to appeal, allow the appeal to the extent of adjusting the parole eligibility date, and strike out the notice of application for an extension of time and the application for leave to appeal both filed on 22 January 2015.
Orders
Orders of the court
1. The applicant’s Notice of Abandonment filed 13 September 2014 be set aside.
2. The applicant’s application for leave to appeal against his sentence, filed 29 August 2014, be reinstated as of and from that date.
3. The application for leave to appeal the sentence be granted.
4. The appeal be allowed, to the limited extent that the applicant’s parole eligibility date be fixed at 1 February 2016 instead of 1 October 2016.
5. The notice of application for an extension of time within which to appeal, and the application for leave to appeal against sentence, both filed on 22 January 2015, be struck out.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.