R v Shipman

[2004] QCA 171

SUPREME COURT OF QUEENSLAND

CITATION:

R v Shipman [2004] QCA 171

PARTIES:

R
v
SHIPMAN, Bradley Scott  
(applicant/appellant)

FILE NO/S:

CA No 37 of 2004
DC No 1931 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

20 May 2004

DELIVERED AT:

Brisbane

HEARING DATE:

20 May 2004

JUDGES:

McMurdo P and Chesterman and Atkinson JJ
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 against sentence allowed to the limited extent of substituting a sentence of five years imprisonment for the six years imprisonment imposed on count 5 in Indictment 1931 of 2003

CATCHWORDS:

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – PARITY – CO-OFFENDERS – DISCRIMINATION BETWEEN CO-OFFENDERS – where applicant convicted on plea of guilty to eight offences, including armed robbery and dangerous operation of a motor vehicle whilst adversely intoxicated, and three summary offences – where sentenced to effective period of imprisonment of 6 years with a recommendation for eligibility for post-prison community based release after two years – where applicant had very lengthy criminal history – where co-offender for armed robbery and dangerous driving sentenced to four years imprisonment suspended after 12 months – where co-offender ten years younger than applicant with less serious criminal history – where co-offender had not committed additional offences with which applicant was charged – whether applicant could have justifiable sense of grievance about parity of sentences – whether sentence was manifestly excessive

COUNSEL:

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

SOLICITORS:

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

THE PRESIDENT:  On 16 January 2004 the applicant pleaded guilty to eight offences contained in two indictments and three summary offences were also taken into account.  The three count indictment contained one count of fraud, one count of being in a dwelling and stealing and one count of breaking and entering premises and stealing.  He was sentenced to four years imprisonment with a recommendation for parole after two years in respect of the last two counts and to 12 months imprisonment on the first.  The five count indictment contained one count of entering premises and stealing, one count of unlawful use of a motor vehicle with a circumstance of aggravation, one count of entering premises with intent, one count of armed robbery and 1 count of dangerous operation of a motor vehicle whilst adversely intoxicated.  In respect of the last two counts he was sentenced to six years imprisonment with a recommendation for parole eligibility after two years and in respect of the last offence, disqualified from holding and obtaining a driver's licence for four years.  As to the remaining offences he was sentenced to four years imprisonment with a recommendation for eligibility for parole after two years.  The…