R v Simeon

Case [2000] QCA 470


SUPREME COURT OF QUEENSLAND

CITATION: R v Simeon  [2000] QCA 470
PARTIES: R
v
SIMEON, Wayne Edward
(applicant/appellant)
FILE NO/S: CA No 167 of 2000
SC No  89 of 2000
DIVISION: Court of Appeal
PROCEEDING: Sentence application
ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON: 21 November 2000
DELIVERED AT: Brisbane
HEARING DATE: 8 September 2000
JUDGES: Pincus JA, Muir and Jones JJ
Judgment of the Court
ORDER: Application for leave to appeal against sentence granted.  Appeal allowed to the extent of adding a recommendation that the applicant be considered for parole after having served 2 years and 9 months
CATCHWORDS:

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 GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – GENERALLY – whether sentence of seven and a half years imprisonment for manslaughter too high

Bojovic [1999] QCA 206; CA No 4 of 1999, 8 June 1999, considered

Cavazza  CA No 404 of 1986, 3 April 1987, considered

Tientjes [1999] QCA 480; CA No 229 of 1999, 16 November 1999, considered

COUNSEL:

A J MacSporran for the applicant/appellant

T A C Winn for the respondent

SOLICITORS: Dearden Lawyers for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent
  1. THE COURT:  This is an application for leave to appeal against sentence.  The applicant, then aged 27, attacked another man at a party because he thought that the victim struck the applicant's son.  The applicant pleaded guilty to manslaughter and was sentenced to 7 years and 6 months imprisonment.

  1. The killing took place at a birthday party which had been in progress for about 8 hours, the party being one attended mainly by members of the Maori community;  the applicant is of Maori descent.  Hearing that a man named Clark had struck his son, the applicant accused Clark of that and, according to the applicant's statement to the police, Clark admitted having hit the boy.  But it is common ground that Clark did not in fact do so.  Perhaps the applicant misunderstood what Clark, who was very drunk, said in response to the applicant's accusation.

  1. The applicant head-butted, punched and kicked Clark.  At the end of the attack he was seen leaning over Clark (who was then on the ground) punching him in the face;  then he was pulled off.  Clark's heartbeat and breathing ceased before the ambulance left and he was declared dead on arrival at hospital.  The cause of the death was said to be probably a blow below and behind the right ear, where there was extensive bruising to the muscle;  this caused a type of subarachnoid bleeding, which means bleeding in one of the membranes covering the brain.

  1. Although one would tend to assume that, to cause death, the blow behind the ear must have been a very heavy one, the prosecutor explained to the judge that medical opinion was that the…

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Details
AGLC
R v Simeon [2000] QCA 470
Case
[2000] QCA 470
Decision Date

CaseChat Overview and Summary

In the case of R v Simeon, the appellant, Simeon, appealed against the sentence imposed by the Supreme Court of Queensland. Simeon had been convicted of manslaughter and sentenced to a term of imprisonment of seven and a half years. The appellant contended that the sentence was excessively high and sought leave to appeal against the sentence imposed. The Court of Appeal, in exercising its discretion, granted the application for leave to appeal and heard the appeal against the sentence. The central issue before the Court was whether the sentence imposed for the offence of manslaughter was manifestly excessive.

The Court of Appeal considered the principles governing sentencing for manslaughter, including the need to ensure that the sentence reflects the seriousness of the offence and the need for general and specific deterrence. The Court examined the circumstances of the offence, including the appellant's role in the incident, his background, and the impact of the offence on the victim and their family. The Court also considered the appellant's personal circumstances, including his age, health, and prospects for rehabilitation. The Court concluded that while the offence was serious, the sentence imposed was excessive and did not adequately reflect the mitigating factors present in the case.

The Court of Appeal allowed the appeal and substituted a sentence of six years imprisonment, with a recommendation that the appellant be considered for parole after having served 2 years and 9 months. The Court emphasised the importance of ensuring that sentences for manslaughter are proportionate to the gravity of the offence and take into account all relevant mitigating and aggravating factors. The Court also noted that the recommendation for parole was not a guarantee that the appellant would be released early, but rather a factor to be considered by the relevant authorities in determining the appropriate time for release.

Orders

Orders of the court

Application for leave to appeal against sentence granted. Appeal allowed to the extent of adding a recommendation that the applicant be considered for parole after having served 2 years and 9 months

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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