SUPREME COURT OF QUEENSLAND
CITATION:
R v Presgrave [2014] QCA 105
PARTIES:
R
v
PRESGRAVE, Joel Peter
(applicant)FILE NO/S:
CA No 217 of 2013
DC No 139 of 2013
DC No 263 of 2013
DC No 264 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
9 May 2014
DELIVERED AT:
Brisbane
HEARING DATE:
15 April 2014
JUDGES:
Holmes and Fraser JJA and Thomas J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for leave to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant pleaded guilty to one count of grievous bodily harm, one count of assault occasioning bodily harm whilst armed, one count of committing public nuisance, one count of going armed so as to cause fear, one count of breach of bail condition, one count of unlawful use of a motor vehicle, one count of driving without a license, one count of driving without a license (repeat offender), and one count of failing to take reasonable care and precautions in respect of a syringe or needle – where the applicant was sentenced to four years imprisonment for the grievous bodily harm, to be served cumulatively with an 18 month sentence for the assault occasioning bodily harm whilst armed; and concurrently with six months imprisonment for the count of going armed in public, and two months imprisonment for the unlawful use of motor vehicle and committing public nuisance, with a parole eligibility date set after one third of the head sentence is served – where some of the offences were committed whilst the applicant was on bail for the grievous bodily harm offence – where the applicant is 25 years of age and has a criminal history of violent offences – where the offences were of a sustained nature and where the applicant showed no remorse – whether the sentences for grievous bodily harm and assault occasioning bodily harm should have been imposed cumulatively – whether the sentence imposed is manifestly excessive
R v Baker[2012] QCA 237, cited
R v Barry[2011] QCA 119, applied
R v Bryan; ex parte A-G (Qld) (2003) 137 A Crim R 489; [2003] QCA 18, cited
R v Dancey[2013] QCA 135, cited
R v Johnston[2004] QCA 12, cited
R v Thomason; ex parte A-G (Qld)[2011] QCA 9, cited
Veen v The Queen [No 2] (1988) 164 CLR 465; [1988] HCA 14, citedCOUNSEL:
The applicant appeared on his own behalf
P J McCarthy for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: I agree with the reasons of Thomas J and the order he proposes.
FRASER JA: I agree with the reasons for judgment of Thomas…
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- AGLC
- R v Presgrave [2014] QCA 105
- Case
- [2014] QCA 105
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing sentencing, particularly the need to balance the severity of the crime with the need for punishment and deterrence. It considered the applicant's criminal history, the sustained nature of the offences, and the lack of remorse shown by the applicant. The court noted that cumulative sentencing for grievous bodily harm and assault occasioning bodily harm was permissible where the offences were distinct and warranted separate punishment. The court found that the sentence was not manifestly excessive, given the seriousness of the crimes and the need to protect the community. The applicant's appeal against sentence was ultimately dismissed.
Orders
Orders of the court
The application for leave to appeal against sentence is refused.
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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