R v Price

Case [2005] QCA 52


SUPREME COURT OF QUEENSLAND

CITATION:

R v Price [2005] QCA 52

PARTIES:

R
v
PRICE, Barry John
(applicant)

FILE NO/S:

CA No 30 of 2005
DC No 262 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:


4 March 2005

DELIVERED AT:

Brisbane

HEARING DATE:

4 March 2005

JUDGES:

McPherson JA and White and Douglas JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM – GENERALLY – applicant truck driver ignored give-way sign and collided with van – driver of van killed and passenger injured – accident caused by ‘momentary inattention’ – sentence two years’ imprisonment suspended after four months upheld

R v Balfe [1993] QCA 014; CA No 444 of 1997, 20 February 1998, cited
R v Manners
, ex parte A-G [2002] QCA 301; CA No 176 of 2002, 20 August 2002, cited
R v Roser [2004] QCA 318; CA No 265 of 2004, 1 September 2004, considered
R v Wilde, ex parte A-G (Qld) [2002] QCA 501; (2002) 135 A Crim R; cited

COUNSEL:

B W Farr for the applicant
M J Copley for the respondent

SOLICITORS:

Director of Public Prosecutions (Qld) for the applicant
Ryan & Bosscher for the respondent

McPHERSON JA:  The applicant, Barry John Price, pleaded guilty on 21st February 2005 in the District Court in Brisbane to the offence of dangerous operation of a motor vehicle causing death and grievous bodily harm.

He was sentenced to two years' imprisonment to be suspended after four months for an operational period of two years.  He was also disqualified from holding or obtaining a licence for two years.

Mr Price is a 60 year old truck-driver by occupation.  He was 58 at the time of the accident on 26 May 2003.  At 4:20 a.m.  the applicant was driving a prime mover on Orchard Road, Richlands towards the intersection of Pine Road.  A bread delivery van driven by the deceased was travelling along Pine Road also towards this intersection. Both vehicles had their lights on.  The applicant failed to observe a give-way sign and collided with the bread delivery van.  The force of the collision propelled the bread van through a fence and into a stand of trees alongside the road.  Both occupants of the van, who were not wearing seat-belts, were flung from the vehicle.  The driver of the bread van was killed.  He was found dead at the scene by some ambulance officers. The passenger suffered severe head and chest injuries and was detained in hospital for some six months or so after the incident, although he appears to have made a reasonable recovery since then.

The applicant, who also suffered injury in the collision, has no memory of the accident or of why…

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AGLC
R v Price [2005] QCA 52
Case
[2005] QCA 52
Decision Date

CaseChat Overview and Summary

The case of R v Price was heard in a court where the applicant, a truck driver, was charged with culpable or dangerous driving causing death or bodily harm. The applicant had ignored a give-way sign and collided with a van, resulting in the death of the van driver and injury to the van passenger. The applicant's actions were described as due to a 'momentary inattention'. The case concerned the applicant's sentence of two years' imprisonment, suspended after four months, and the applicant sought leave to appeal against this sentence.

The legal issues before the court included the appropriate sentence for the applicant's actions, given the severity of the consequences of the collision. The court was required to balance the principles of punishment, deterrence, and rehabilitation in determining the appropriate sentence. The court also had to consider whether the sentence was excessive or manifestly inadequate.

The court found that the sentence was not manifestly inadequate, given the seriousness of the applicant's actions and the resulting consequences. The court noted that the applicant had no prior convictions and had shown remorse for his actions. The court also considered the need for general deterrence and the impact of the sentence on the applicant and his family. The court concluded that the sentence was appropriate and did not constitute an error of law. The application for leave to appeal against the sentence was therefore refused.

The court's decision was that the sentence of two years' imprisonment, suspended after four months, was appropriate and did not constitute an error of law. The application for leave to appeal against the sentence was refused, and no further appeal was permitted. The court's decision affirms the importance of holding individuals accountable for their actions, particularly in cases where the consequences are severe. The court also highlights the need for appropriate sentencing that balances the principles of punishment, deterrence, and rehabilitation.

Orders

Orders of the court

Application for leave to appeal against sentence 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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