R v Sprott; Ex parte

Case [2019] QCA 116


SUPREME COURT OF QUEENSLAND

CITATION:

R v Sprott; Ex parte Attorney-General (Qld) [2019] QCA 116

PARTIES:

R
v
SPROTT, James Stuart
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND

(appellant)

FILE NO/S:

CA No 284 of 2018
SC No 11 of 2018
SC No 49 of 2018
SC No 77 of 2018

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by Attorney-General (Qld)

ORIGINATING COURT:

Supreme Court at Mackay – Date of Sentence: 8 October 2018 (Crow J)

DELIVERED ON:

14 June 2019

DELIVERED AT:

Brisbane

HEARING DATE:

5 June 2019

JUDGES:

Sofronoff P and Gotterson JA and Henry J

ORDER:

Appeal dismissed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the respondent pleaded guilty to two counts of attempted murder – where the respondent was sentenced to two concurrent sentences of nine and a half years imprisonment – where the complainants were the respondent’s mother and her partner – where the learned sentencing judge considered aggravating circumstances of the offence, including that the respondent was subject to a Domestic Violence Order concerning the complainants and that the attack was premeditated – where the learned sentencing judge considered the “most relevant circumstance” of the offence to be that the respondent’s son was killed by a dog kept by the complainants whilst in their care – where the appropriate range for the offence of attempted murder is generally from 10 to 17 years imprisonment – where the learned sentencing judge considered the respondent’s case was not a “general case” – whether the learned sentencing judge gave appropriate weight to the mitigating and aggravating factors of the offence and respondent’s personal circumstances – whether a sentence below 10 years imprisonment for two counts of attempted murder is manifestly inadequate

Criminal Code (Qld), s 669A

Everett v The Queen (1994) 181 CLR 295; [1994] HCA 49, cited
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
Lacey v Attorney-General (2011) 242 CLR 573; [2011] HCA 10, cited
Lovell v Lovell (1950) 81 CLR 513; [1950] HCA 52, cited
R v Ali[2018] QCA 212, applied
Whittaker v The King (1928) 41 CLR 230; [1928] HCA 28, cited
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, cited

COUNSEL:

N Rees for the appellant
F D Richards, with M A Benn, for the respondent

SOLICITORS:

Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent

  1. SOFRONOFF P:  On 11 April 2017 the respondent came home from the pub where he had been drinking.  He lived with his partner, Chantelle Ranby.  The respondent drank another three or four beers at home.  An argument started.  The respondent grabbed two stubbies of beer and left the house.  He went to a nearby takeaway food store and sat and drank.  He thought that Ms Ranby might have called the police.  Some time later…

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Details
AGLC
R v Sprott; ex parte Attorney-General [2019] QCA 116
Case
[2019] QCA 116
Decision Date

CaseChat Overview and Summary

The case of R v Sprott; Ex parte involved an appeal against the sentence imposed on the respondent, who had pleaded guilty to two counts of attempted murder. The respondent had attacked his mother and her partner, who were the victims. The sentencing judge imposed two concurrent sentences of nine and a half years imprisonment, a sentence which the respondent argued was manifestly inadequate. The central issue for the court was whether the learned sentencing judge had appropriately weighed the mitigating and aggravating factors of the offence and the respondent’s personal circumstances. The court needed to determine if the sentence imposed was below the generally accepted range for such offences, which is typically between 10 to 17 years imprisonment.

The court considered the aggravating factors, including the premeditated nature of the attack and the existence of a Domestic Violence Order concerning the complainants. It also noted that the most significant factor was the death of the respondent’s son, who was killed by a dog kept by the complainants while in their care. The court examined whether the learned sentencing judge had given appropriate weight to these factors and whether the sentence was manifestly inadequate. The court held that the learned sentencing judge had appropriately balanced the mitigating and aggravating circumstances and that the sentence imposed was within the appropriate range, thus the appeal was dismissed.

In conclusion, the court found that the sentence of two concurrent sentences of nine and a half years imprisonment for the respondent’s attempted murder charges was neither manifestly excessive nor inadequate. The court dismissed the appeal and upheld the original sentence, reaffirming that the learned sentencing judge had appropriately considered all relevant factors in arriving at the sentence. The orders of the court were to dismiss the appeal.

Orders

Orders of the court

Appeal 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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