R v Rangeley

[2003] QCA 116

SUPREME COURT OF QUEENSLAND

CITATION:	R v Rangeley [2003] QCA 116
PARTIES:	R v RANGELEY, Steven Keith (applicant)
FILE NO/S:	CA No 22 of 2003 DC No 489 of 2002
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Maryborough
DELIVERED EX	18 March 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	18 March 2003
JUDGES:	McPherson JA, Davies JA and White J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application dismissed
CATCHWORDS:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – CIRCUMSTANCES OF OFFENCE
OFFENCES AGAINST THE PERSON – OTHER OFFENCES AGAINST THE PERSON – ACTS INTENDED
CRIMINAL LAW – PARTICULAR OFFENCES – BODILY HARM - SENTENCING– applicant sentenced to two-and-a-half years imprisonment suspended after nine months with an operational period of three years for one count of grievous bodily harm – whether sentence manifestly excessive
R v Camm [1999] QCA 101; CA No 431 of 1998, 1 April 1999 R v Francisco [1999] QCA 212; CA No 59 of 1999, 8 June 1999
COUNSEL:	D Murray for the applicant S G Bain for the respondent
SOLICITORS:	Ryan & Bosscher for the applicant Director of Public Prosecutions (Qld) for the respondent

WHITE J: The applicant for leave to appeal against sentence was convicted on his own plea of guilty to one count of grievous bodily harm which occurred at Hervey Bay on the 28th of September 2001.

He was sentenced in the District Court on 29 January 2003 to two and a half years imprisonment suspended after nine months with an operational period of three years. The applicant contends that the sentence was manifestly excessive having regard to the circumstances of the offence including the spontaneous nature of a single blow, the violence offered to the applicant prior thereto and his own injuries, and in light of two particular authorities which were placed before the learned sentencing Judge; Camm, CA 431 of 1998 and Francisco, CA 59 of 1999.

The complainant was the owner and manager of a country club in Hervey Bay where the offence occurred. Earlier in the evening the applicant had caused a disturbance by going into the

ladies toilet area to continue an argument with his wife. bar and the complainant was heard to refuse to serve him further alcohol and invited him to take the courtesy bus home.

The applicant, apparently having left the building, decided to
return and on a second occasion caused a disturbance in the
ladies toilet. Mr Harding, the complainant, was seen to be
bringing him out of that area. Dr Hanelt, a local medical
officer, was a witness to the proceedings. He went to assist
Mr Harding and took hold of the applicant and got him to the
ground. When told to settle down the applicant agreed and
Dr Hanelt let him get up.

The applicant immediately punched the complainant with his closed right fist on the complainant's…