SUPREME COURT OF QUEENSLAND
CITATION:
R v Skondin [2015] QCA 138
PARTIES:
R
v
SKONDIN, Shane
(appellant/applicant)FILE NO/S:
CA No 103 of 2014
SC No 201 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
Supreme Court at Brisbane – Unreported, 7 April 2014DELIVERED ON:
24 July 2015
DELIVERED AT:
Brisbane
HEARING DATE:
8 April 2015
JUDGES:
Holmes JA and Atkinson and Applegarth JJ
Separate reasons for judgment of each member of the Court, Holmes JA and Atkinson J concurring as to the orders made, Applegarth J dissenting in partORDERS:
1. Grant the application to adduce evidence.
2. Dismiss the appeal against conviction.
3. Grant the application for leave to appeal against sentence.
4. Allow the appeal against sentence.
5. Vary the sentence imposed at first instance by substituting a sentence of nine years imprisonment with parole eligibility on 20 March 2017, while maintaining the declaration that the 784 days spent in pre-sentence custody between 20 March 2012 and the date of sentence (7 April 2014) was time already served under it.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the appellant was convicted of manslaughter – where the appellant struck the deceased with mild to moderate force to the back of the head – where the appellant told police that the deceased had accused him of being a police informant – where the appellant was inconsistent in his account to police as to whether the deceased had made physical contact with him first – where the incident was partially recorded by a CCTV camera – where the appellant argued that the jury could not reasonably have excluded the defences of self-defence and prevention of repetition of insult and the excuses of accident and compulsion – whether the verdict was unreasonable
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – CONDUCT OF DEFENCE COUNSEL – where the appellant argued that the incompetence of his counsel at trial caused a miscarriage of justice – where the appellant alleged that his counsel failed to: give an opening address; call the appellant to give evidence; obtain the original CCTV footage; cross-examine a particular witness; and adduce the evidence of two expert witnesses – where the appellant’s trial counsel gave evidence at the appeal as to the appellant’s instructions and the forensic strategy adopted at trial – whether there was a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was sentenced to ten years imprisonment with an automatic serious violent offence declaration – where the appellant had a long criminal history but a limited history of violent offences – where the appellant struck the deceased unexpectedly, in a public place – where the blow was delivered with mild to moderate force with the appellant’s non-dominant hand – whether the sentence was…
Continue reading R v Skondin
Sign in free to access the full text
- AGLC
- R v Skondin [2015] QCA 138
- Case
- [2015] QCA 138
- Decision Date
CaseChat Overview and Summary
The court examined whether the verdict was unreasonable or insupportable given the evidence, and whether the appellant's trial counsel's conduct amounted to a miscarriage of justice. The court found that the appellant's defence counsel's alleged incompetence did not cause a miscarriage of justice, as the appellant lost nothing through the lack of a defence opening statement, and the Crown prosecutor had already raised the relevant defences. The court concluded that the jury's verdict was not unreasonable.
The appeal against the sentence was considered on the basis of whether it was manifestly excessive or inadequate. The appellant, who had a long criminal history but a limited history of violent offences, was sentenced to ten years imprisonment with an automatic serious violent offence declaration. The court found that the sentence was manifestly excessive, taking into account the appellant's age, the circumstances of the offence, and his criminal history. The sentence was varied to nine years imprisonment with parole eligibility on 20 March 2017, while maintaining the declaration that the 784 days spent in pre-sentence custody was time already served under the sentence.
The final orders of the court were to grant the application to adduce evidence, dismiss the appeal against conviction, grant the application for leave to appeal against sentence, allow the appeal against sentence, and vary the sentence imposed at first instance.
Orders
Orders of the court
1. Grant the application to adduce evidence.
2. Dismiss the appeal against conviction.
3. Grant the application for leave to appeal against sentence.
4. Allow the appeal against sentence.
5. Vary the sentence imposed at first instance by substituting a sentence of nine years imprisonment with parole eligibility on 20 March 2017, while maintaining the declaration that the 784 days spent in pre-sentence custody between 20 March 2012 and the date of sentence (7 April 2014) was time already served under it.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.