SUPREME COURT OF QUEENSLAND
CITATION:
R v Sargeant, Price & Freier [2005] QCA 409
PARTIES:
R
v
SARGEANT, Brett Sidney
(applicant)R
v
PRICE, Joshua William Phillip
(applicant)R
v
FREIER, Scott Aaron
(applicant/appellant)FILE NO/S:
CA No 225 of 2005
CA No 226 of 2005
CA No 227 of 2005
DC No 2987 of 2004DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
4 November 2005
DELIVERED AT:
Brisbane
HEARING DATE:
3 October 2005
JUDGES:
McMurdo P, Jerrard JA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. In CA No 225 of 2005 R v Sargeant and CA No 226 of 2005 R v Price in each case the application for leave to appeal against sentence is refused
2. In CA No 227 of 2005 R v Freier the application for leave to appeal against sentence is granted and the appeal allowed to the extent of vacating the order made in respect of count 2 and substituting a sentence of two years imprisonment suspended after six months with an operational period of two years. The appeal is otherwise dismissedCATCHWORDS:
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - applicants convicted after pleas of guilty to an assortment of offences arising out of an incident at a hotel - offences comprised of an initial altercation when refused entry to the hotel and a second altercation when they returned to the premises - applicants intoxicated - four complainants involved - all complainants employees of hotel - events captured on security video - applicants contend the sentences imposed are manifestly excessive and that the primary judge failed to give sufficient weight to the mitigating factors
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN REFUSED - applicant Sargeant convicted of three counts of assault occasioning bodily harm in company - sentenced on each count to two years imprisonment suspended after four months with an operational period of two years - applicant contends sentencing judge wrongly found facts as to his involvement in the offences - 24 years old at time of offence - timely plea of guilty - no criminal history - good work history - remorse shown - references tendered suggesting offending out of character - whether sentence manifestly excessive
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN REFUSED - applicant Price convicted of three counts of assault occasioning bodily harm in company and one count of assault occasioning bodily harm - sentenced on each count to two years imprisonment…
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- Case
- [2005] QCA 409
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the sentences were manifestly excessive, whether the primary judge had erred in fact-finding, and whether the sentences adequately reflected the applicants' circumstances, including their timely pleas of guilty, lack of significant criminal history, good work histories, and expressions of remorse. Each applicant contended that their specific circumstances warranted a reduction in their sentences.
The court considered the relevant authorities and held that the sentences for Sargeant and Price were not manifestly excessive and did not constitute a significant error in the primary judge's assessment of the circumstances. However, the court found merit in Freier's appeal, holding that the sentence imposed for the count of grievous bodily harm and the count of assault occasioning bodily harm in company should be reconsidered. The court substituted the original sentence with a sentence of two years imprisonment suspended after six months with an operational period of two years.
The court's orders included refusal of leave to appeal for Sargeant and Price, and granting of leave and vacating of the sentence for Freier, substituting it with a new sentence as specified.
Orders
Orders of the court
1. In CA No 225 of 2005 R v Sargeant and CA No 226 of 2005 R v Price in each case the application for leave to appeal against sentence is refused
2. In CA No 227 of 2005 R v Freier the application for leave to appeal against sentence is granted and the appeal allowed to the extent of vacating the order made in respect of count 2 and substituting a sentence of two years imprisonment suspended after six months with an operational period of two years. The appeal is otherwise dismissed
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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