SUPREME COURT OF QUEENSLAND
CITATION:
R v Smith [2019] QCA 179
PARTIES:
R
v
SMITH, William Cody
(applicant)FILE NO/S:
CA No 302 of 2018
DC No 201 of 2018
DC No 561 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh – Date of Sentence: 26 October 2018 (Chowdhury DCJ)
DELIVERED ON:
10 September 2019
DELIVERED AT:
Brisbane
HEARING DATE:
24 July 2019
JUDGES:
Morrison and Philippides JJA and Applegarth J
ORDER:
The application for leave to appeal against sentence is dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was sentenced to concurrent terms of nine years’ imprisonment for a malicious act with intent and three years’ imprisonment for doing grievous bodily harm – where the applicant was sentenced to lesser terms of imprisonment for three summary offences including assault occasioning bodily harm – where the applicant, as part of a premeditated attack and in company, stabbed his ex-wife’s new partner in the leg multiple times causing life-threatening injuries – where the applicant’s ex-wife also sustained severe lacerations to her hand, causing permanent injuries, when she intervened – where the applicant attacked a third victim one month later by punching her in the face, after entering her home in breach of a domestic violence order – where the applicant had an extensive criminal history including violent offences – where the applicant submits that the range of seven to ten years adopted by the sentencing judge was not supported by comparable cases involving serious attacks with potentially fatal consequences – where the cases cited were not closely comparable in terms of offending, antecedents or consequences – whether the sentence was manifestly excessive
Attorney-General v Tichy (1982) 30 SASR 84, cited
R v Beer[2000] QCA 193, considered
R v Dwyer[2008] QCA 117, cited
R v Gatti[2018] QCA 98, considered
R v Oakes[2012] QCA 336, considered
R v O’Malley[2019] QCA 130, cited
R v Piper[2015] QCA 129, considered
R v Sprott; Ex parte Attorney-General (Qld)[2019] QCA 116, citedCOUNSEL:
D Caruana for the applicant
D Balic for the respondentSOLICITORS:
Guest Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MORRISON JA: I have read the reasons of Applegarth J and agree with those reasons and the order his Honour proposes.
PHILIPPIDES JA: I agree that the application for leave to appeal against sentence should be dismissed for the reasons given by Applegarth J.
APPLEGARTH J: The applicant, as part of a premeditated attack, stabbed his first victim in the leg multiple times, severed an artery and left his victim with permanent injuries. The applicant’s second victim, his ex-wife, sustained grievous bodily harm to her hand as she tried to push the applicant and another attacker away from the first victim. A month after this ferocious attack, the applicant assaulted his third victim…
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- AGLC
- R v Smith [2019] QCA 179
- Case
- [2019] QCA 179
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentence was manifestly excessive or inadequate, considering the nature of the offences, the applicant’s antecedents, and the consequences of his actions. The court considered that the cases cited by the applicant were not closely comparable in terms of the nature of the offending, antecedents, or consequences. The court found that the sentence imposed was within the range of penalties that could be considered appropriate for the gravity of the offences committed. The court was satisfied that the sentence did not manifest any excessiveness or inadequacy.
The court dismissed the application for leave to appeal against the sentence, holding that the sentence was neither manifestly excessive nor inadequate. The sentence reflected the seriousness of the offences, the applicant’s criminal history, and the injuries sustained by the victims. The decision underscored the importance of proportionality in sentencing and the court’s role in ensuring that sentences are commensurate with the gravity of the offences and the circumstances of the offender. The application for leave to appeal was dismissed.
Orders
Orders of the court
The application for leave to appeal against sentence is 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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