SUPREME COURT OF QUEENSLAND
CITATION:
R v Smith [2016] QCA 9
PARTIES:
R
v
SMITH, Gavin Lee
(applicant)FILE NO/S:
CA No 99 of 2015
DC No 28 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court of Queensland at Mt Isa – Date of Sentence: 29 April 2015
DELIVERED ON:
5 February 2016
DELIVERED AT:
Brisbane
HEARING DATE:
27 September 2015
JUDGES:
Gotterson and Philip McMurdo JJA and Jackson J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of grievous bodily harm on 27 April 2015 at the District Court at Mt Isa – where the applicant was sentenced to seven years’ imprisonment with parole eligibility fixed at 26 October 2017 – where the applicant brought an application for leave to appeal sentence – where the sole ground of appeal was that the sentence was manifestly excessive – where it was submitted that the learned sentencing judge sentenced the applicant on an incorrect factual basis as a result of an inconsistency between the admitted victim impact statement and medical information contained in the statement of facts, thereby falling into error – where it was put that the learned sentencing judge attributed too much weight to the applicant’s history of offending – whether the sentence was manifestly excessive
Criminal Code (Qld), s 320
Evidence Act 1977 (Qld), s 132C
Penalties and Sentences Act 1992 (Qld), s 15(1)R v Aplin[2014] QCA 332, applied
R v Castle; Ex parte Attorney-General (Qld) [2014] QCA 276, considered
R v Neal[2012] QCA 12, considered
R v Smith[2008] QCA 133, considered
R v Tahir; Ex parte Attorney-General (Qld)[2013] QCA 294, appliedCOUNSEL:
H Walters for the applicant
S J Farnden for the respondentSOLICITORS:
Arthur Brown & Associates for the applicant
Director of Public Prosecutions (Queensland) for the respondent
GOTTERSON JA: On 27 April 2015 at the District Court at Mt Isa, the applicant, Gavin Lee Smith, pleaded guilty to one count of grievous bodily harm charged on indictment. The indictment alleged that on 2 August, 2014 at Mt Isa, the applicant unlawfully did grievous bodily harm to the complainant in contravention of section 320 of the Criminal Code (Qld) (Code).[1]
[1]ARB1-2.
On 29 April 2015 the applicant was sentenced to seven years’ imprisonment with parole eligibility after two and a half years.[2] The learned sentencing judge declared four days spent in pre-sentence custody from 2 August 2014 to 4 August 2014 as imprisonment served under the sentence.[3] Eligibility for parole was fixed at 26 October 2017.[4]
[2]ARB23.
[3]ARB23.
[4]ARB23.
A Schedule of Facts was tendered without objection at the sentence hearing.[5] The facts set out in paragraphs 4 to 23 of these reasons are…
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- AGLC
- R v Smith [2016] QCA 9
- Case
- [2016] QCA 9
- Decision Date
CaseChat Overview and Summary
The court considered the arguments presented by Smith, focusing on whether the sentence was manifestly excessive. It evaluated the consistency of the factual basis for the sentence and the weight given to Smith’s history of offending. The court noted that the sentencing judge had carefully considered the circumstances of the offence and Smith’s background in determining the sentence. After a thorough review, the court concluded that the sentence was not manifestly excessive. The court found no significant error in the sentencing process and rejected the argument that the weight attributed to Smith's history of offending was inappropriate. Consequently, the application for leave to appeal was refused.
The court's decision was based on its assessment that the sentence imposed was neither manifestly excessive nor inadequate. It upheld the original sentence and did not find sufficient grounds to grant leave to appeal. Therefore, the court's final order was to refuse leave to appeal against the sentence.
Orders
Orders of the court
Leave to appeal against sentence refused.
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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