R v Stringer

[2014] QCA 342

SUPREME COURT OF QUEENSLAND

CITATION:

R v Stringer [2014] QCA 342

PARTIES:

R
v
STRINGER, Luke
(applicant)

FILE NO/S:

CA No 204 of 2014
DC No 96 of 2014

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Cairns

DELIVERED ON:

19 December 2014

DELIVERED AT:

Brisbane

HEARING DATE:

21 November 2014

JUDGES:

Holmes, Fraser and Morrison JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.Grant the application for leave to appeal against sentence.   

2.Allow the appeal.   

3.Vary the sentence imposed in the District Court by ordering that the applicant be imprisoned for a period in the District Court, and that the date the offender be released on parole be fixed at 10 January 2015, rather than the date of 10 July 2015 fixed in the District Court.of two years, instead of the period of three years imposed   

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the applicant pleaded guilty to unlawful grievous bodily harm and was sentenced to three years imprisonment with parole release after one year – where the applicant had laid in wait to launch a surprise attack – where the applicant had surgery to prevent permanent numbness in his face, and there were few permanent injuries – where the sentencing judge described the complainant as having permanent numbness along his face – whether the sentencing judge erred in characterising the nature of the complainant’s ongoing injuries

R v Brand[2006] QCA 525, considered
R v Craske[2002] QCA 49, considered
R v Davies[2013] QCA 73, considered
R v Elliott[2001] QCA 507, considered
R v Kinersen-Smith & Connor; ex parte Attorney-General (Qld) [2009] QCA 153, considered
R v Leapai[2005] QCA 449, considered
R v O’Grady; ex parte Attorney-General (Qld) (2003) A Crim R 273; [2003] QCA 137, considered
R v Tupou; ex parte Attorney-General (Qld) [2005] QCA 179, cited

COUNSEL:

A J Edwards for the applicant
D A Holliday for the respondent

SOLICITORS:

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

1. HOLMES JA:  I agree with the reasons of Fraser JA and the orders he proposes.

1. FRASER JA:  On 10 July 2014 the applicant was convicted on his plea of guilty to an offence of unlawfully doing grievous bodily harm on 7 June 2013.  The applicant was sentenced to imprisonment for three years with an order that he be released on parole fixed at 10 July 2015, after he would have served one year in custody.  He has applied for leave to appeal against sentence on the grounds that the sentence was, in all the circumstances, manifestly excessive and that the sentencing judge erred in characterising the nature of the complainant’s ongoing injuries.

Circumstances of the offence and the applicant’s personal circumstances

1. On the night of 6 June 2013 the 23 year old…