R v Shaw

[2012] QCA 304

SUPREME COURT OF QUEENSLAND

CITATION:

R v Shaw [2012] QCA 304

PARTIES:

R
v
SHAW, Troy Alexander
(applicant)

FILE NO/S:

CA No 154 of 2012
DC No 534 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

6 November 2012

DELIVERED AT:

Brisbane

HEARING DATE:

23 October 2012

JUDGES:

Margaret McMurdo P and Fraser and White JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.       Application for leave to appeal against sentence granted.

2.        Appeal allowed to the following limited extent:

(a)       Set aside the order that the sentences imposed for the offences in indictment no 535 of 2012 be served cumulatively;

(b)      Order that the sentences imposed for the offences in indictment no 850 of 2012 be served concurrently with each other but cumulatively upon the sentences imposed for the offences in indictments nos 534 and 535 of 2012;

(c)       Set aside the order that the sentences imposed on the summary offences be served “cumulative upon the other sentences”;

(d)      Order that the sentence imposed for the summary offence of failing to appear in breach of bail undertaking (charge 1) be served cumulatively upon the sentences for all other offences;

(e)       Order that otherwise the sentences imposed for the summary offences (charges 2-7) be served concurrently with the sentences imposed on all other offences.

3.       The sentences imposed at first instance are otherwise confirmed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – POWERS OF APPELLATE COURT – GENERALLY – where applicant brought application to appeal sentence as manifestly excessive – where primary judge’s orders failed to give effect to s 33(4) of the Bail Act 1980 (Qld) – whether primary judge erred – whether sentence was manifestly excessive in all the circumstances

Bail Act 1980 (Qld), s 33(1), s 33(4)
Corrective Services Act 2006 (Qld), Sch 4
Criminal Code 1899 (Qld), s 651
Criminal Practice Rules 1999 (Qld), r 62
Penalties and Sentences Act 1992 (Qld), s 4, s 188(1)

AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, cited
R v Bowen & Ambrym[1998] QCA 394, considered
R v De Villiers[1999] QCA 422, considered
R v Hamilton[2009] QCA 391, considered
R v Moss[1999] QCA 426, considered
R v Reu; ex parte Attorney-General of Queensland, unreported, Court of Criminal Appeal, Qld, CA No 120 of 1999, 28 May 1999, considered

COUNSEL:

The applicant appeared on his own behalf
D R Kinsella for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. MARGARET McMURDO P: I agree with White JA’s reasons and proposed orders.

1. FRASER JA: I have had the advantage of reading the reasons for judgment of White JA.  I agree with those reasons and with the orders proposed by her Honour.

1. WHITE JA:  The applicant pleaded guilty to 12 offences on three indictments…