SUPREME COURT OF QUEENSLAND
CITATION:
R v Smith [2019] QCA 186
PARTIES:
R
v
SMITH, Joshua Vincent
(applicant)FILE NO/S:
CA No 19 of 2019
DC No 778 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane – Date of Sentence: 11 February 2019 (Richards DCJ)
DELIVERED ON:
13 September 2019
DELIVERED AT:
Brisbane
HEARING DATE:
2 September 2019
JUDGES:
Sofronoff P and Fraser and Morrison JJA
ORDER:
Application dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the applicant pleaded guilty to entering a dwelling with intent to commit an indictable offence with the circumstances of aggravation that he threatened to use actual violence, was armed with a dangerous weapon, and was in company with other persons – where the applicant was sentenced to three years’ imprisonment with a parole release date after serving 12 months – where the applicant had the support of his family and had not reoffended whilst on bail for 19 months after the offence – whether the sentencing judge failed to take the applicant’s family support and behaviour on bail into account in sentencing the applicant
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS – where the applicant pleaded guilty to entering a dwelling with intent to commit an indictable offence with the circumstances of aggravation that he threatened to use actual violence, was armed with a dangerous weapon, and was in company with other persons – where the applicant was sentenced to three years’ imprisonment with a parole release date after serving 12 months – where on appeal, the applicant’s co-offender, MCY, was sentenced to 20 months’ imprisonment with parole release after 55 days in pre-sentence custody – where the applicant’s co-offender, Maskey, was also sentenced to three years’ imprisonment with a parole release date after serving 12 months – where Maskey was further sentenced to a concurrent term of 12 months’ imprisonment and was disqualified from driving for three years for the offence of dangerous operation of a motor vehicle – whether the applicant’s sentence lacked parity with his co-offenders
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to entering a dwelling with intent to commit an indictable offence with the circumstances of aggravation that he threatened to use actual violence, was armed with a dangerous weapon, and was in company with other persons – where the applicant was sentenced to three years’ imprisonment with a parole release date after serving 12 months – whether the sentence imposed was manifestly excessive
Green v The Queen (2011) 244 CLR 462; [2011] HCA 49, cited
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, cited
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA…
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- AGLC
- R v Smith [2019] QCA 186
- Case
- [2019] QCA 186
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentencing judge overlooked mitigating factors such as Smith's family support and good conduct on bail. The court also considered whether Smith's sentence was disproportionate compared to his co-offenders and if it was manifestly excessive. In evaluating the appeal, the court emphasised the need for proportionality and consistency in sentencing. After thorough consideration, the court found that the sentencing judge appropriately balanced the aggravating and mitigating factors. The court further noted that Smith's co-offenders' sentences, which were notably lesser, reflected the varying roles and circumstances of each offender, justifying the disparity.
Given the sentencing judge's careful consideration of all relevant factors and the established principles of proportionality and parity, the court dismissed the appeal. The reasoning and sentence imposed by the original sentencing judge were deemed appropriate and fair under the circumstances. Therefore, the application for a new trial or an alteration of the sentence was dismissed.
Orders
Orders of the court
Application dismissed.
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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