R v Tainton

[1995] QCA 429

COURT OF APPEAL

[1995] QCA 429

McPHERSON JA
FRYBERG J

THOMAS J

CA No 207 of 1995
THE QUEEN
v.

DARREN JOHN TAINTON	Applicant
BRISBANE
..DATE 24/08/95
240895 D.1 T5/KBE M/T COA95/257

THOMAS J: This is an application for leave to appeal against

sentences imposed for a variety of offences, 21 in number-----

APPLICANT: I don't want leave to appeal.
McPHERSON JA: I beg your pardon?
APPLICANT: I don't want any leave to appeal.
THOMAS J: Well, you need it.
APPLICANT: I want to be kept in custody for it.

McPHERSON JA: We'll run through this judgment and if you want to talk to us about it afterwards, we might let you.

THOMAS J: The offences included armed robbery in company, three counts of unlawful use of motor vehicles with circumstances of aggravation, two counts of wilful damage, one of breaking and entering with intent, two of breaking and entering, committing indictable offences, one false pretence, two housebreaking, three stealing, three receiving and three further false pretences.

The sentence imposed has the effect of eight years imprisonment with a non-parole period of three years. The applicant has a serious criminal history suggestive of a criminal career at a young age and persisting with it after being given a number of opportunities by both the District Court and the Supreme Court, which Courts had to deal with multiple criminal charges committed over the previous two years.

In November 1993, the applicant was dealt with in the Supreme
Court for a series of offences and sentenced to two years
240895 D.1 T5/KBE M/T COA95/257
imprisonment suspended after three months for an operative
period of three years. The current offences were committed
during the operational period of that sentence. It seems a
virtual certainty that he would be required to serve the
remainder of that two year term, that is to say, one year and
nine months.

The present sentence, when seen in that light, does not add a particularly substantial increment to what might be expected to be the automatic consequences of his past criminal conduct and the sentence imposed with respect to it.

In short, it seems to me that the present sentences are, if anything, on the light side. Accordingly, it seems to me that the application is without merit and I would refuse it.

McPHERSON JA: I agree.

FRYBERG J: I agree.

McPHERSON JA: The order is that the application is dismissed.

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