SUPREME COURT OF QUEENSLAND
CITATION:
R v Simpson [2003] QCA 100
PARTIES:
R
v
SIMPSON, Paul Michael
(applicant)FILE NO/S:
CA No 344 of 2002
DC No 2259 of 2002DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
14 March 2003
DELIVERED AT:
Brisbane
HEARING DATE:
6 March 2003
JUDGES:
McMurdo P, Williams JA and Philippides J
Separate reasons for judgment of each member of the Court; each concurring as to the orders madeORDERS:
1. Grant the application for leave to appeal against sentence
2. Allow the appeal to the extent of substituting for the sentence imposed at first instance a sentence of four years imprisonment suspended after 18 monthsCATCHWORDS:
CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – where applicant pleaded guilty to one count of dangerous operation of a vehicle causing grievous bodily harm whilst adversely affected by liquor – where applicant sentenced to five years imprisonment with a recommendation that he be eligible for post prison community based release after 22 months – where applicant disqualified from holding or obtaining a driver’s licence for five years – where applicant did not have prior convictions for driving a motor vehicle whilst under the influence of liquor or a drug – where applicant assisted victim in rehabilitation - whether sentence was manifestly excessive in all the circumstances
R v Breckenridge [2001] QCA 448; CA No 194 of 2001, 16 October 2001, distinguished
R v Haydon [1996] QCA 503; CA No 396 of 1996, 13 November 1996, distinguishedR v King; ex parte Attorney-General (Qld) [1996] QCA 78; CA No 516 of 1995, 20 March 1996, considered
COUNSEL:
The applicant appeared on his own behalf
M J Copley for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
McMURDO P: The applicant pleaded guilty on 25 September 2002 to one count of dangerous operation of a vehicle causing grievous bodily harm whilst adversely affected by liquor. He was sentenced to five years imprisonment with a recommendation that he be eligible for post prison community based release after 22 months and was disqualified from holding or obtaining a driver's licence for five years. He was also dealt with for breach of a suspended sentence imposed in the District Court on 26 July 1999 and was ordered to serve the three months suspended sentence concurrently. He contends the sentence was manifestly excessive in all the circumstances. The maximum penalty was 14 years imprisonment.
The applicant was 25 at the time he committed the offence and 26 at sentence. He has a significant criminal history with a steady stream of appearances for relatively minor offences. He was dealt with for drug offences and offences relating to railways and wilful destruction in 1994 and 1995. Of more concern, he was placed on probation for three years in 1995 for assault with intent to steal in company. He was fined for…
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- AGLC
- R v Simpson [2003] QCA 100
- Case
- [2003] QCA 100
- Decision Date
CaseChat Overview and Summary
The primary issue for the court was whether the sentence imposed by the lower court was manifestly excessive. The court had to consider the nature and circumstances of the offence, the character and antecedents of the applicant, and the impact of the offence on the victim. In evaluating the sentence, the court also considered the applicant’s remorse, his efforts to assist the victim in her rehabilitation, and his prospects for rehabilitation and reintegration into the community.
The court held that the sentence was manifestly excessive, taking into account the applicant’s lack of prior convictions, his remorse, his efforts to assist the victim, and his prospects for rehabilitation. The court found that the sentence imposed was disproportionate to the seriousness of the offence and the circumstances of the applicant. The court substituted the sentence imposed by the lower court with a sentence of four years imprisonment suspended after 18 months. The court also noted that the applicant had already been disqualified from holding or obtaining a driver’s licence for five years, which was an appropriate and sufficient penalty for his offence.
The court granted the application for leave to appeal against sentence and allowed the appeal to the extent of substituting for the sentence imposed at first instance a sentence of four years imprisonment suspended after 18 months.
Orders
Orders of the court
1. Grant the application for leave to appeal against sentence
2. Allow the appeal to the extent of substituting for the sentence imposed at first instance a sentence of four years imprisonment suspended after 18 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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