IN THE COURT OF APPEAL [1999] QCA 316
SUPREME COURT OF QUEENSLAND
C A No 192 of 1999
Brisbane
[R v Purcell; ex parte A-G]
THE QUEEN
v
JAMES WILLIAM PURCELL
Respondent
EX PARTE: ATTORNEY-GENERAL OF QUEENSLAND
Appellant
McMurdo P
Thomas JA
Derrington J
Judgment delivered 17 August 1999
Joint reasons for judgment of McMurdo P and Thomas JA, separate concurring reasons of Derrington J
THE ATTORNEY-GENERAL'S APPEAL AGAINST SENTENCE IS ALLOWED.
THE SENTENCE IMPOSED BELOW IS SET ASIDE AND IN LIEU THEREOF IT IS ORDERED THAT THE RESPONDENT BE IMPRISONED FOR THREE YEARS WITH A RECOMMENDATION THAT HE BE CONSIDERED ELIGIBLE FOR RELEASE ON PAROLE AFTER SERVING 12 MONTHS OF THAT SENTENCE.
IT IS ORDERED THAT THE RESPONDENT BE DISQUALIFIED FROM HOLDING OR OBTAINING A DRIVER'S LICENCE FOR THREE YEARS.CATCHWORDS: CRIMINAL LAW - APPEAL & NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY ATTORNEY-GENERAL - APPLICATION TO INCREASE SENTENCE - whether sentence of two years imprisonment with a recommendation for parole after six months for dangerous operation of a vehicle causing grievous bodily harm with a circumstance of aggravation namely, a blood alcohol concentration of 0.174 was manifestly inadequate - whether sentence, upon review of comparable sentences, is within appropriate range.
R v Melano; ex parte Attorney-General [1995] 2 Qd R 183, followed.
R v de Rooy CA 105 of 1991, 1 August 1991; R v Quinlan CA 297 of 1994, 13 September 1994; R v King CA 516 of 1995, 20 March 1996; R v Shedlock [1996] QCA 164, CA 60 of 1996, 31 May 1996; R v Wurzbacher [1996] QCA 347, CA 264 of 1996, 20 September 1996; R v Ryan [1996] QCA 434, CA 367 of 1996, 8 November 1996; R v Ekstrom CA 229 of 1997, 23 September 1997; R v Rowley CA 240 of 1998, 26 August 1998, considered.Penalties and Sentences Act 1992 s 9(2)(a), s 9(3)
Counsel:Mr W Clark for the appellant
Mr M Shanahan for the respondent
Solicitors:Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent
Hearing Date: 3 August 1999
JOINT REASONS FOR JUDGMENT - McMURDO P AND THOMAS JA
Judgment delivered 17 August 1999
The respondent pleaded guilty in the District Court at Rockhampton on 14 May 1999 to one count of dangerous operation of a vehicle causing grievous bodily harm with a circumstance of aggravation that he was adversely affected by alcohol and the concentration of alcohol in the blood exceeded 150 mg of alcohol per 100 mg of blood. In fact, he had a blood alcohol concentration of 0.174 per cent. This offence occurred on 30 January 1999. The respondent was sentenced to two years imprisonment with a recommendation for release on parole after six months and he was disqualified from holding or obtaining a driver's licence for two and a half years.
The respondent was 24 years of age and had no prior criminal history, although, significantly, he had been charged under the Traffic Act 1949…
Continue reading R v Purcell; ex parte
Sign in free to access the full text
- AGLC
- R v Purcell; ex parte [1999] QCA 316
- Case
- [1999] QCA 316
- Decision Date
CaseChat Overview and Summary
The court considered the gravity of the harm caused by the respondent's driving and the importance of general deterrence in such cases. The respondent's driving was deemed to be seriously criminal, and his fault was not mere inadvertence or misjudgment. The respondent was on remand for an earlier drink driving charge at the time of the offence, and his level of intoxication was such that he had been warned not to drive. The respondent caused grievous bodily harm to his passenger, and the degree of harm was reasonably substantial. There were no unusual mitigating factors present in the case, such as serious personal injury to the respondent himself or substantial delay in bringing the charge. While the respondent's work history was creditable, the court noted that offences of this kind are sometimes committed by persons who might otherwise be of good character.
The court found that the sentence imposed was substantially inadequate and set it aside. In its place, the court ordered that the respondent be imprisoned for three years with a recommendation that he be considered eligible for release on parole after serving 12 months. The court also ordered that the respondent be disqualified from holding or obtaining a driver's licence for three years. The Attorney-General's appeal was allowed, and the sentence imposed by the lower court was set aside.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.