R v Real

[2001] QCA 422

SUPREME COURT OF QUEENSLAND

CITATION:

R v Real [2001] QCA 422

PARTIES:

R
v
REAL, Shane Anthony

FILE NO/S:

CA No 92 of 2001
DC No 65 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Gympie

DELIVERED ON:

5 October 2001

DELIVERED AT:

Brisbane

HEARING DATE:

24 September 2001

JUDGES:

Williams JA, Jones and Douglas JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

(1)    Grant the application and allow the appeal;

(2)    Set aside the sentence for the offence of torture and in lieu thereof, sentence the appellant to imprisonment for a period of five years and order that terms of imprisonment for torture and robbery be suspended after the appellant has served two years, with an operational period of four years;

(3)    The other orders at first instance on sentence to stand.

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – torture - applicant pleaded guilty to offences of torture and robbery at trial - applicant acted in company with another in respect of offence of torture

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – MISCELLANEOUS POWERS OF COURTS AND JUDGES – sentencing – where applicant sentenced to six years imprisonment for torture and four years for robbery, to be served concurrently – where applicant appeals against sentence in respect of offence of torture only – whether parity in sentencing between co-accuseds – where applicant concerned about release for parole due to amendment to Penalties and Sentences Act 1992

Criminal Code s 320A
Penalties and Sentences Act (Qld) 1992

R v Ambrose 5 of 1995, 21 March 1995 considered
R v B; ex parte A-G [2000] QCA 110; CA No 379 of 1999, 4 April 2000 considered
R v Burns [2000] QCA 201, CA No 399 of 1999, 30 May 2000 considered

COUNSEL:

The appellant appeared on his own behalf
BG Campbell for the Respondent

SOLICITORS:

The appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. WILLIAMS JA:  I agree with the reasons for judgment prepared by Jones J and with the orders he proposes.

1. JONES J:  The applicant, who is now 27 years old, pleaded guilty in the District Court at Gympie to two offences which occurred on 22 May 2000 namely, that he tortured and that he robbed one Keith Stanley Frost.  The complainant was then 19 years of age.  The applicant at the time of these offences acted in company with another person named Geoffrey Thomas Dack. 

1. The applicant was sentenced to six years imprisonment in respect of the offence of torture and four years in respect of the offence of robbery.  The terms of imprisonment were to be served concurrently and a recommendation was made that he be considered for release on parole after serving two years.  The term of the sentence for robbery was not challenged. A declaration was also made that he had spent a total…