SUPREME COURT OF QUEENSLAND
CITATION:
R v Rochester; ex parte A-G (Qld) [2003] QCA 326
PARTIES:
R
v
ROCHESTER, Rodney Dean
(appellant/respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 362 of 2002
CA No 399 of 2002
SC No 501 of 2001DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
Sentence Appeal by A-G (Qld)ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
1 August 2003
DELIVERED AT:
Brisbane
HEARING DATE:
21 July 2003
JUDGES:
Williams JA and Mackenzie and Helman JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. In CA No 362 of 2002
(i) appeal against conviction dismissed
(ii) leave to appeal against sentence refused
2. In CA No 399 of 2002
(i) appeal against sentence dismissedCATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where appellant convicted of attempted murder and unlawful stalking with circumstance of aggravation – where offence of attempted murder committed by way of stabbing with a knife – whether a jury could draw an inference beyond reasonable doubt that he had an actual intent to kill at the time of the stabbing
EVIDENCE – WITNESSES – REFRESHING MEMORY – GENERALLY – where witness gave evidence by telephone – where it was discovered that she had “notes” with her – where notes were made available to counsel and the issue was fully canvassed with her – whether the jury could have found her evidence to be reliable
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where appellant sentenced to 10 years imprisonment – where extensive criminal record – whether sentence imposed manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where offence involved a life-threatening injury – where offence committed in a public place – where it involved a breach of a Domestic Violence Order – whether sentence imposed manifestly inadequate
Dinsdale v The Queen (2000) 202 CLR 321, cited
Malvaso v The Queen (1989) 168 CLR 227, cited
R v Cummins [2001] QCA 237; CA No 287 of 2000, 19 June 2001, cited
R v Forster [2002] QCA 495; CA No 10 of 2002, 14 November 2002, cited
R v Hardie [1999] QCA 352; CA No 178 of 1999, 24 August 1999, cited
R v Jurcik [2001] QCA 390; CA No 87 of 2001, 21 September 2001, distinguished
R v Reeves [2001] QCA 91; CA No 276 of 2000, 13 March 2001, cited
R v Schaefer [2001] QCA 327; CA No 89 of 2001, 10 August…
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- Case
- [2003] QCA 326
- Decision Date
CaseChat Overview and Summary
The legal issues in this case were whether the jury could have reasonably inferred that the appellant intended to kill the victim at the time of the stabbing, whether the evidence of a witness who gave evidence by telephone was reliable, and whether the sentence imposed was manifestly excessive or inadequate. The court had to consider the evidence presented during the trial, the credibility of the witnesses, and the appropriate sentence for the offences committed.
The court found that the jury was open to drawing an inference beyond reasonable doubt that the appellant intended to kill the victim at the time of the stabbing. The court also held that the evidence of the witness who gave evidence by telephone was reliable, as the witness had notes with her which were made available to counsel and fully canvassed during the trial. Regarding the sentence, the court found that the sentence imposed was not manifestly excessive, considering the appellant's extensive criminal record. However, the court did find that the sentence was manifestly inadequate, given the severity of the offences and the need for general deterrence. The appeal against conviction was dismissed, and the leave to appeal against sentence was refused. The appeal against sentence was also dismissed.
The final orders were that the appeal against conviction was dismissed, and the leave to appeal against sentence was refused. The appeal against sentence was dismissed, and no further appeal would be allowed regarding the sentence. The appellant's conviction and sentence would stand as determined by the trial court.
Orders
Orders of the court
1. In CA No 362 of 2002
(i) appeal against conviction dismissed
(ii) leave to appeal against sentence refused
2. In CA No 399 of 2002
(i) appeal against sentence dismissed
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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