SUPREME COURT OF QUEENSLAND
CITATION:
R v Ruka [2009] QCA 113
PARTIES:
R
v
RUKA, Jody Kane
(applicant)FILE NO/S:
CA No 36 of 2009
DC No 396 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh
DELIVERED ON:
5 May 2009
DELIVERED AT:
Brisbane
HEARING DATE:
24 April 2009
JUDGES:
Muir and Chesterman JJA and Wilson J
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 – JUDGE ACTED ON WRONG PRINCIPLE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted on plea of guilty of dangerous operation of a motor vehicle causing death under s 328A of the Criminal Code 1899 (Qld) – where applicant sentenced to two years imprisonment with parole release date after serving six months – where applicant automatically suspended from holding a driver’s licence for six months – where applicant fell asleep at wheel – where applicant’s vehicle drifted on to wrong side of road into path of oncoming vehicle – where collision occurred – where driver of oncoming vehicle was killed – where applicant was aged 37 at time of offence – where applicant had no criminal history and some traffic history – whether sentencing judge erred in finding that a fully suspended sentence would be inappropriate – whether sentencing judge erred in finding case not one of momentary inattention – whether sentence manifestly excessive
Criminal Code 1899 (Qld), s 328A
Jiminez v The Queen (1992) 173 CLR 572; [1992] HCA 14, applied
R v Cottam; ex parte A-G (Qld) (2004) 42 MVR 150; [2004] QCA 351, distinguished
R v Hart (2008) 50 MVR 424; [2008] QCA 199, considered
R v Manahan [2000] QCA 382, considered
R v Murphy [2009] QCA 93, considered
R v Pellow [1997] NSWSC 286, applied
R v Satalich (2004) 41 MVR 435; [2004] VSCA 132, cited
R v Vance; ex parte A-G (Qld) (2007) 48 MVR 375; [2007] QCA 269, applied
R v WR[2007] QCA 16, cited
R v Wood 130 A Crim R 518; [2002] WASCA 95, citedCOUNSEL:
P E Smith for the applicant
M B Lehane for the respondentSOLICITORS:
Carne Reidy Herd Lawyers for the applicant
Director of Public Prosecutions (Qld) for the respondent
MUIR JA: I agree that the application for leave to appeal against sentence should be dismissed for the reasons given by Wilson J.
CHESTERMAN JA: I agree that the application for leave to appeal against sentence should be dismissed for the reasons given by Wilson J.
WILSON J: On 6 February 2009 the applicant pleaded guilty to a charge of dangerous operation of a motor vehicle causing death.[1] He was convicted and sentenced to two years imprisonment. The sentencing judge fixed the parole release date as 6…
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- R v Ruka [2009] QCA 113
- Case
- [2009] QCA 113
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentencing judge applied the wrong principle or made an error of law that warranted interference. The court considered the principles governing sentencing for dangerous driving causing death and whether the sentence imposed was manifestly excessive or inadequate. The court noted that the sentencing judge had taken into account the seriousness of the offence, the need for deterrence, and the personal circumstances of the offender. The court concluded that the sentencing judge did not err in finding that a fully suspended sentence would be inappropriate and that the case was not one of momentary inattention. The court also found that the sentence was not manifestly excessive, as it was within the range of sentences that could be imposed for such an offence.
Accordingly, the court dismissed the application for leave to appeal against sentence. The original sentence of two years imprisonment, with parole release after serving six months, and the automatic suspension of Ruka's driver's licence for six months, was upheld. The court determined that the sentencing judge had appropriately balanced the various considerations and that the sentence imposed was neither manifestly excessive nor inadequate.
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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