R v Singh

[2006] QCA 71

SUPREME COURT OF QUEENSLAND

CITATION:

R v Singh [2006] QCA 71

PARTIES:

R
v
SINGH, Anthony Thakur

(applicant)

FILE NO/S:

CA No 342 of 2005

DC No 2615 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

15 March 2006

DELIVERED AT:

Brisbane

HEARING DATE:

15 March 2006

JUDGES:

McMurdo P, Williams JA and Fryberg J

Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application dismissed

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 – where applicant pleaded guilty to unlawful wounding with intent to do grievous bodily harm – where applicant was sentenced to six years imprisonment with a recommendation that he be eligible for post prison community based release after 2½  years - where applicant struck a single blow to the complainant’s head with a machete after complainant entered applicant’s property and remonstrated with him – whether sentence manifestly excessive in all the circumstances

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – FACTUAL BASIS FOR SENTENCE - where sentencing judge made finding based on victim impact statement – purpose of victim impact statement – whether victim impact statement should be relied upon in sentencing

R v Ainsworth [2000] QCA 163; CA No 26 of 2000, 5 May 2000, considered
R v Marks [2002] QCA 34; CA No 268 of 2001, 18 February 2002, considered
R v Melissant [2003] QCA 122; CA No 443 of 2002, 19 March 2003, considered

R v Steensen [2003] QCA 490; CA No 201 of 2003, 7 August 2003, considered

COUNSEL:

J Farmer for the applicant

CW Heaton for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  Justice Fryberg will deliver his reasons first.

FRYBERG J:  On 19 December last year the applicant was sentenced to imprisonment for six years after pleading guilty to unlawful wounding with intent to do grievous bodily harm.  A recommendation was made that he be considered for post-prison community-based release after two and a half years.  He now applies for leave to appeal against that sentence on the ground that it is manifestly excessive.

The offence was the culmination of a period of animosity between neighbouring families.  The events which immediately gave rise to the offence were simple.  An altercation occurred at a video store between the complainant's wife and the applicant's wife.  When she arrived home the former told her husband of the altercation.  They went to the applicant's home.  The complainant was in a somewhat upset state and might have appeared to the applicant to have been a little aggressive.  He entered the premises while his wife waited near the letterbox.  The applicant was sitting on a chair…