SUPREME COURT OF QUEENSLAND
CITATION:
R v Stephens [2017] QCA 173
PARTIES:
R
v
STEPHENS, John Jesse
(applicant)FILE NO/S:
CA No 57 of 2017
SC No 310 of 2017
SC No 421 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 10 March 2017DELIVERED ON:
15 August 2017
DELIVERED AT:
Brisbane
HEARING DATE:
9 August 2017
JUDGES:
Holmes CJ and Gotterson JA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for leave to appeal is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant was convicted of attempted murder of his estranged wife – where primary judge sentenced applicant to fifteen years’ imprisonment – where primary judge made reference to a variety of factors in sentencing remarks – whether sentence was manifestly excessive – whether primary judge erred by not attributing sufficient weight to several factors, including applicant’s history of substance abuse, alleged psychiatric and personal disorders, immediate post-offence surrender, plea of guilty to an alternative charge and admissions during trial – whether applicant’s mental condition reduces his moral culpability
Channon v The Queen (1978) 33 FLR 433; [1978] FCA 16, cited
R v Clark[1998] QCA 477, cited
R v Forster[2002] QCA 495, cited
R v Goodger[2009] QCA 377, cited
R v Hammond [1997] 2 Qd R 195; [1996] QCA 508, cited
R v Verdins (2007) 16 VR 269; [2007] VSCA 102, cited
R v Williams[2015] QCA 276, cited
R v Yarwood (2011) 220 A Crim R 497; [2011] QCA 367, citedCOUNSEL:
A McDougall for the applicant
G J Cummings for the respondentSOLICITORS:
Guest Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES CJ: I agree with the reasons of Douglas J and with the order he proposes.
GOTTERSON JA: I agree with the order proposed by Douglas J and with the reasons given by his Honour.
DOUGLAS J: The applicant was convicted of the offence of attempted murder of his estranged wife as a domestic violence offence on 10 March 2017, the eighth day of his trial. On the previous day, during the summing-up, he had been re-arraigned and pleaded guilty to a possible alternative charge of unlawfully doing grievous bodily harm which the prosecution did not accept in discharge of the indictment.
The learned sentencing judge sentenced him to 15 years’ imprisonment and ordered that the conviction be recorded as a domestic violence offence, declaring also that the time he had spent in pre-sentence custody, 937 days, be deemed time already served under the sentence. The applicant appeals against the sentence on the ground that it was manifestly excessive.
The evidence
The applicant was born on 29 October 1970 making him 43 years old…
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- AGLC
- R v Stephens [2017] QCA 173
- Case
- [2017] QCA 173
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the sentence imposed by the primary judge was manifestly excessive or inadequate. This involved assessing the weight given to various mitigating factors by the primary judge and whether the sentence was disproportionate to the gravity of the offence. The court also considered whether the primary judge had erred in not attributing sufficient weight to the applicant's history of substance abuse, psychiatric and personal disorders, immediate surrender, plea of guilty, and admissions during the trial. Furthermore, the court had to evaluate whether the applicant's mental condition should have been considered in determining his moral culpability.
The court found that the sentence was not manifestly excessive. The judge emphasised that the attempted murder was a planned and premeditated act, carried out in the presence of the applicant’s children, which underscored the gravity of the offence. The court held that the primary judge had appropriately considered the mitigating factors and that the sentence was proportionate to the nature and circumstances of the offence. The court rejected the applicant's argument that his mental condition should substantially reduce his moral culpability. Consequently, the court dismissed the appeal.
The court refused the applicant's application for leave to appeal against the sentence. The conviction and sentence of fifteen years’ imprisonment, with the conviction recorded as a domestic violence offence, were upheld.
Orders
Orders of the court
The application for leave to appeal is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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