SUPREME COURT OF QUEENSLAND
CITATION:
R v Ross [2009] QCA 7
PARTIES:
R
v
ROSS, Alan Edward
(applicant)FILE NO/S:
CA No 276 of 2008
DC No 204 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Southport
DELIVERED EX TEMPORE ON:
10 February 2009DELIVERED AT:
Brisbane
HEARING DATE:
10 February 2009
JUDGES:
de Jersey CJ, Fraser JA and P Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
Application refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCSSIVE OR INADEQUATE – where the applicant was sentenced to 8 years imprisonment for dangerous operation of a motor vehicle causing the deaths of his two infant children – where the applicant was intoxicated – where the applicant was speeding – where the applicant left the scene before police arrived – whether the sentence was manifestly excessive because of the absence of a parole recommendation
Criminal Code Act 1899 (Qld), s 328A(4)
R v Frost; ex parte A-G (Qld) (2004) 149 A Crim R 151; [2004] QCA 309, distinguished
R v Vessey; ex parte A-G (Qld) (1996) 86 A Crim R 290; [1996] QCA 11, distinguishedCOUNSEL:
C Reid for the applicant
G Cummings for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
THE CHIEF JUSTICE: The applicant was sentenced in October of 2008 to eight years imprisonment with no recommendation as to parole for the dangerous operation of a motor vehicle causing the deaths of his two infant children, who were passengers in the vehicle along with their mother, his defacto partner.
One of the children died at the scene. That was Khye, who was then aged two years and eight months. The other child, Zac, who was aged eight months, died subsequently as a result of severe injuries he suffered in consequence of the crash.
The charge included three circumstances of aggravation. The applicant was intoxicated, he was speeding and he left the scene knowing of the death and the injuries before any police officer arrived. The maximum penalty under section 328A(4) of the Criminal Code, which had been substantially amended with effect from 20 March 2007, was 14 years imprisonment.
The applicant seeks leave to appeal against the sentence. Mr Reid, his counsel, has submitted that a recommendation for parole after one third of the eight year head term - that is - after 32 months - should have been added. Or alternatively, that the applicant should have been sentenced to seven years imprisonment.
At the time of the offence, the applicant was 25 years of age. The offence occurred in June 2007. He had a relatively short criminal history, which had not involved imprisonment, and a history of traffic offending including unlicensed driving - four instances of that - and two instances of drink driving - offences…
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- AGLC
- R v Ross [2009] QCA 7
- Case
- [2009] QCA 7
- Decision Date
CaseChat Overview and Summary
The court considered various factors in assessing whether the sentence was manifestly excessive, including the nature and circumstances of the offence, the culpability of the offender, and the need for the sentence to serve as a deterrent and to protect the community. It was noted that the applicant's actions were egregious and resulted in the loss of two young lives, which warranted a significant punishment. The court also acknowledged the importance of considering the offender's level of remorse and the potential for rehabilitation. However, the absence of a parole recommendation was not deemed to be a sufficient ground for interference with the sentence.
Ultimately, the court found that the sentence was not manifestly excessive or inadequate. The court emphasised the gravity of the offence and the need to uphold the principles of general and specific deterrence, as well as the protection of the community. The court held that the absence of a parole recommendation did not render the sentence manifestly excessive, as it was still within the range of sentences that could be considered appropriate for the offence. The application for appeal against the sentence was therefore refused.
Orders
Orders of the court
Application refused
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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