R v Rowlingson

Case [2008] QCA 395


SUPREME COURT OF QUEENSLAND

CITATION:

R v Rowlingson [2008] QCA 395

PARTIES:

R
v
ROWLINGSON, Anthony David
(applicant)

FILE NO/S:

CA No 241 of 2008
SC No 39 of 2008
SC No 1026 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Toowoomba

DELIVERED ON:

9 December 2008

DELIVERED AT:

Brisbane

HEARING DATE:

1 December 2008

JUDGES:

Keane, Muir and Fraser JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted on his own plea of one count of murder, one count of interference with a corpse, one count of stealing and one count of unlawful use of a motor vehicle – where the applicant was 16 years old at the time of the offending – where the applicant's victim was his brother – where the applicant was sentenced to life imprisonment for the offence of murder and to lesser concurrent terms for the other offences – where the learned sentencing judge ordered that the publication of the applicant's name be permitted – whether the sentence imposed was in the circumstances manifestly excessive – whether the sentence imposed was affected by any error of law

Juvenile Justice Act 1992 (Qld), s 176(3), s 234

House v The King (1936) 55 CLR 499; [1936] HCA 40, applied
Ibbs v The Queen (1987) 163 CLR 447; [1987] HCA 46, cited

R v Chivers [1993] 1 Qd R 432, cited
R v D [2000] 2 Qd R 659; [1999] QCA 231, considered
R v Dwyer[2008] QCA 117, considered
R v Twala, unreported, Court of Criminal Appeal, NSW, CA No 60187 of 1993, 4 November 1994, cited
R v WS[2007] QCA 207, distinguished
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14, cited

COUNSEL:

S M Ryan for the applicant
M J Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. KEANE JA: On 8 August 2008 the applicant pleaded guilty to murder, interfering with a corpse, stealing and unlawful use of a motor vehicle. The sentencing of the applicant was adjourned to 15 September 2008, and a pre-sentence report in relation to the applicant was ordered pursuant to s 151 of the Juvenile Justice Act 1992 (Qld).

  1. On 15 September 2008 the applicant was sentenced to life imprisonment for the offence of murder, and 426 days of pre-sentence custody was declared to be time served under that sentence. For the offence of interfering with a corpse, he was sentenced to nine months imprisonment, for the offence of stealing he was sentenced to 12 months imprisonment and for the unlawful use of a motor vehicle he was sentenced…

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AGLC
R v Rowlingson [2008] QCA 395
Case
[2008] QCA 395
Decision Date

CaseChat Overview and Summary

In the case of R v Rowlingson, the applicant appealed against his sentence imposed following his conviction on his own plea for one count of murder, one count of interference with a corpse, one count of stealing and one count of unlawful use of a motor vehicle. The applicant was 16 years old at the time of the offending, and the victim was his brother. The applicant was sentenced to life imprisonment for the offence of murder and to lesser concurrent terms for the other offences. The learned sentencing judge also ordered that the publication of the applicant's name be permitted.

The primary legal issues before the court were whether the sentence imposed was manifestly excessive or inadequate and whether the sentence was affected by any error of law. The applicant argued that the sentence was manifestly excessive due to his age at the time of the offending and the circumstances surrounding the murder of his brother. The applicant also contended that there was an error of law in the sentencing process.

The court considered the principles of sentencing for young offenders and the circumstances of the case. The court held that the sentence was not manifestly excessive, taking into account the gravity of the offences committed, the applicant's age and the need for deterrence and denunciation. The court also found that there was no error of law in the sentencing process. Consequently, the application for leave to appeal against the sentence was refused.

Orders

Orders of the court

Application for leave to appeal against sentence 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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