R v Sherrard

[2004] QCA 425

SUPREME COURT OF QUEENSLAND

CITATION:

R v Sherrard [2004] QCA 425

PARTIES:

R
v
SHERRARD, Brian Edward
(appellant)

FILE NO/S:

CA No 104 of 2004
SC No 106 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

9 November 2004

DELIVERED AT:

Brisbane

HEARING DATE:

27 July 2004

JUDGES:

McMurdo P, Jerrard JA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Appeal against conviction dismissed

2.   Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where appellant convicted of attempted murder – where direct and circumstantial evidence capable of supporting verdict – whether verdict unreasonable

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – PURPOSE OF SENTENCE –DETERRENCE – where appellant convicted of attempted murder – where offence involved the use of a rifle – where appellant sentenced to 11 years imprisonment – whether sentence manifestly excessive

R v Forster [2002] QCA 495; CA No 10 of 2002, 14 November 2002, cited
R v Reeves [2001] QCA 91; CA No 276 of 2000, 13 March 2001, cited

COUNSEL:

The appellant appeared on his own behalf
R G Martin for the respondent

SOLICITORS:

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

1. McMURDO P:  I agree with Jerrard JA’s reasons for concluding that Mr Sherrard’s appeal against conviction should be dismissed and his application for leave to appeal against sentence refused.

1. JERRARD JA:  On 9 March 2004 Brian Sherrard was convicted by a jury of the offence of attempting to murder Norman Brunt on 10 October 2001 at Ballogie, in the Burnett Valley.  On 31 March 2004 Mr Sherrard was sentenced to 11 years imprisonment for that offence, and the learned judge declared that 174 days in custody, between 10 October 2001 and 11 March 2002, and 9 March 2004 and 31 March 2004, was time already served.  Mr Sherrard has appealed against his conviction for attempted murder on the ground that the conviction is “unsafe and unsatisfactory and not according to law”[1], and he has applied for leave to appeal against his sentence, arguing that it is manifestly excessive.

   [1]A ground to be understood as meaning, pursuant to s 668E(1) of the Criminal Code, that the verdict is unreasonable or cannot be supported having regard to the evidence (Gipp v R (1998) 194 CLR 106; MFA v R (2002) 193 ALR 184 at 195)

Background matters

1. On 10 October 2001 Norman Brunt was living by himself on a 160 acre property at Lot 27 Underwood Road, Ballogie, which he and his then wife Susan had bought in the early 1990’s.  Mr Brunt had met…