R v Sams

[2003] QCA 240

SUPREME COURT OF QUEENSLAND

CITATION:	R v Sams [2003] QCA 240
PARTIES:	R v SAMS, Stephen John (applicant/appellant)
FILE NO/S:	CA No 266 of 2002 CA No 304 of 2002 DC No 321 of 2002
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING  COURT:	District Court at Beenleigh
DELIVERED EX	4 June 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	4 June 2003
JUDGES:	Davies and Williams JJA and Atkinson J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. Leave to withdraw the notice of abandonment refused 2. Application for leave to appeal against sentence granted 3. Appeal allowed to the extent of setting aside the terms of imprisonment imposed with respect to Counts 2, 3, 4, 5, 6, 10 and 11, but otherwise the sentences imposed should stand
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – MISCELLANEOUS MATTERS – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where appellant had filed a notice of abandonment with respect to appeal against conviction – where appellant sought to withdraw abandonment – whether any prospect of success on the appeal – whether leave should be granted to withdraw abandonment
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – FACTUAL BASIS FOR SENTENCE – SENTENCE TO BE OF AND RELATED TO OFFENCE – PARTICULAR CASES – where appellant convicted of torture along with a number of counts of assault occasioning bodily harm, one count of rape and two counts of indecent assault – where the other offences constituted the basis for the torture conviction – where separate penalties were imposed on the offences other than torture – whether sentences should have been imposed on the offences other than torture
Pearce v The Queen (1998) 194 CLR 610, followed followed
COUNSEL:	The appellant appeared on his own behalf P F Rutledge for the respondent
SOLICITORS:	The appellant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent

DAVIES JA: I will ask Justice Williams to deliver his reasons first.

WILLIAMS JA: After a trial in the Beenleigh District Court, the appellant was convicted on the 8th of August 2002 on one count of torture, one count of assault, two counts of

indecent assault, two counts of assault occasioning bodily
harm, one count of rape and one count of assault occasioning
bodily harm whilst armed.

The jury found him not guilty of a further count of assault and two further counts of assault occasioning bodily harm. He lodged a notice of appeal against conviction, alleging in essence that the verdicts were unsafe and unsatisfactory and that the verdicts of acquittal were inconsistent with the verdicts of guilty.

After that appeal against conviction was filed, a notice of abandonment of the appeal against conviction was lodged. The appellant…