R v Roberts - [2002] QCA 105

[2002] QCA 105

COURT OF APPEAL

McMURDO P
BYRNE J
PHILIPPIDES J

CA No 367 of 2001

THE QUEEN

CORALIE ANNE ROBERTS Applicant

BRISBANE

..DATE 20/03/2002

JUDGMENT

BYRNE J: Upon her pleas of guilty, the applicant, who was born in April 1972, was sentenced to nine months' imprisonment in respect of unlawful wounding, three months for common assault and six months for assault occasioning bodily harm whilst armed.

The sentences, which were imposed in the Townsville District Court, were ordered to be served cumulatively.

Recommendations were made as to participation by the applicant in a substance abuse education program and as to her residency in an alcohol rehabilitation centre on Palm Island, where she ordinarily lived whilst on parole.

In November 1999, on Palm Island, the applicant committed offences of common assault and assault occasioning bodily harm whilst armed. The victim on that occasion was her de facto husband. She punched him in the face and struck him over the head with a piece of pipe. A laceration that required suturing resulted.

About a fortnight later, upon her pleas of guilty in the Townsville District Court in respect of those offences, she was ordered to perform 100 hours community service. She was re-sentenced for these offences when sentenced in respect of the unlawful wounding with which this application is concerned. That unlawful wounding took place in early February last year, less then three months after the community service orders had been made.

On the night in question, there was an argument between the applicant and her de facto husband concerning his consumption of alcohol. She wanted him to remain sober to assist in caring for their child. He, however, became drunk, aggressive and abusive. He produced a knife, waved it at her, and then lunged at her. Fortunately, he missed.

She responded by packing her things and taking the child to her grandmother's house. There, unfortunately, she consumed alcohol. After a time, the complainant arrived at the applicant's grandmother's house where he abused and threatened the applicant.

The complainant then retreated to another house. There the applicant eventually arrived, carrying with her a knife. She had taken the weapon from her grandmother's house. She then stabbed the complainant once in the shoulder region. This caused a wound that was not particularly extensive. It was but eight millimetres deep and 15 to 20 millilitres long. The wound was successfully repaired with only three sutures.

In deciding upon the appropriate sentence, the Judge referred to a number of considerations. These included the prevalence of stabbings on Palm Island and what his Honour regarded as a consequential need for deterrent sentences in respect of offences of that kind.

Mention was also particularly made of a condition of the community service orders in force at the time the unlawful wounding took place in early February 2001, namely the usual condition that a person affected by such an order must not commit any other offence during its operation.

The sentencing remarks acknowledged the applicant's…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Roberts

Details

AGLC: R v Roberts [2002] QCA 105
Case: [2002] QCA 105
Decision Date: 20/03/2002

CaseChat Overview and Summary

In the case of R v Roberts, the applicant, Coralie Anne Roberts, was sentenced to nine months' imprisonment for unlawful wounding, three months for common assault, and six months for assault occasioning bodily harm whilst armed. These sentences were ordered to be served cumulatively by the Townsville District Court. The applicant appealed against the sentence imposed, arguing that the sentencing judge had failed to adequately consider several mitigating factors and had not sufficiently acknowledged the report from the Palm Island Community Justice Group. The Court of Appeal was required to determine whether the sentencing judge had erred in the exercise of his discretion by imposing a manifestly excessive sentence.

The Court of Appeal found that the sentencing judge had adequately considered the various mitigating factors presented, including the applicant's remorse, her completion of community service, and her intention to resume caring for her children. The court held that the judge had appropriately balanced the need for general deterrence against the applicant's personal circumstances and rehabilitative potential. The court also noted that the sentencing judge had considered the report from the Palm Island Community Justice Group and had taken into account the applicant's efforts at rehabilitation and expressions of remorse. Given these considerations, the Court of Appeal concluded that the sentence imposed was not manifestly excessive.

The Court of Appeal unanimously refused the application for leave to appeal, finding that the sentencing judge had properly exercised his discretion in imposing the sentence. The court emphasised the importance of maintaining a balance between general deterrence and the individual circumstances of the offender, particularly in communities where violence is prevalent. The appeal was dismissed, and the original sentence was upheld.

Orders