SUPREME COURT OF QUEENSLAND
CITATION:
R v Price [2006] QCA 180
PARTIES:
R
v
PRICE, Duane Aaron
(applicant)FILE NO/S:
CA No 38 of 2006
DC No 398 of 2006
DC No 399 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
26 May 2006
DELIVERED AT:
Brisbane
HEARING DATE:
12 May 2006
JUDGES:
Jerrard JA, White and Philippides JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – GENERALLY – applicant convicted after pleading guilty to one count of unlawful wounding and one count of doing grievous bodily harm – sentenced to two years imprisonment for first offence and five years for second offence to be served concurrently with no recommendation for early release – where applicant 17 years at time of offences and has since shown promise for rehabilitation – where first complainant’s athletics career severely hindered and second complainant suffered serious long term injuries – whether sentence was manifestly excessive due to failure to order early release
Penalties and Sentences Act 1992 (Qld), s 9(1)(c)
R v Bryan; ex parte A-G(Qld) (2003) 137 A Crim R 489; [2003] QCA 18; CA No 410 of 2003, 5 February 2003, considered
R v Hoogsaad [2001] QCA 27; CA No 277 of 2000, 9 February 2001, considered
R v Lovell [1999] 2 Qd R 79, considered
R v Tupou; ex parte A-G(Qld) [2005] QCA 179; CA No 88 of 2005, 31 May 2005, consideredCOUNSEL:
R A East for the applicant
D L Meredith for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
JERRARD JA: In this matter I have read the reasons for judgment and the order proposed by White J, and respectfully agree with those reasons and the order.
WHITE J: The applicant for leave to appeal against sentence pleaded guilty on 10 February 2006 to one count of unlawful wounding on 4 April 2004 and one count of doing grievous bodily harm on 7 May 2004. The undesirably long delay between committing the offences and sentence was not explained. The applicant was 17 years when he committed these offences and 19 when sentenced.
He had a minor offence of being found in a dwelling without lawful excuse the day following the first offence and a breach of a bail condition as a consequence of the second defence. He was remanded in custody after the second offence and released on bail on 2 November 2004. Since then he has remained free of breaches of the law and has been in gainful employment.
He was sentenced to two…
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- AGLC
- R v Price [2006] QCA 180
- Case
- [2006] QCA 180
- Decision Date
CaseChat Overview and Summary
The central issue before the court was whether the sentence imposed was manifestly excessive due to the failure to order early release. The court had to consider the appellant's age at the time of the offences, his subsequent promise for rehabilitation, and the impact of the offences on the victims. The court also had to assess the principle of proportionality in sentencing and the availability of early release as a mitigating factor.
The court held that the sentence was not manifestly excessive. The court found that while the appellant was young at the time of the offences and had shown promise for rehabilitation, this did not necessarily warrant a recommendation for early release. The court emphasised the severity of the offences and their impact on the victims. The court also noted that the principle of proportionality in sentencing did not require a recommendation for early release in every case, particularly where the offences were serious and the victims had suffered significant harm. The court dismissed the application for leave to appeal against the sentence.
Orders
Orders of the court
Application for leave to appeal against sentence dismissed
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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