SUPREME COURT OF QUEENSLAND
CITATION:
R v Taki [2015] QCA 60
PARTIES:
R
v
TAKI, William Rotoparera
(applicant)FILE NO/S:
CA No 251 of 2014
DC No 312 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at IpswichDELIVERED EX TEMPORE ON:
17 April 2015DELIVERED AT:
Brisbane
HEARING DATE:
17 April 2015
JUDGES:
Margaret McMurdo P and Morrison JA and Applegarth J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Delivered ex tempore on 17 April 2015:
1. The application for leave to appeal is granted.
2. The appeal against sentence is allowed to the extent of adding that the applicant be eligible to apply for parole after two years and nine months, that is, on 28 May 2017.
3. The sentence imposed at first instance is otherwise confirmed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the applicant was charged with burglary with the aggravating factors of violence while armed in company (count 1), stealing (count 2) and grievous bodily harm (count 3) – where the applicant pleaded guilty to burglary with violence but not guilty to the remaining aggravating factors, not guilty to stealing and guilty to grievous bodily harm – where the applicant was convicted after trial of the aggravating factors of the burglary and of stealing – where the applicant was sentenced to six years imprisonment with parole eligibility after three years – where the sentencing judge made no reference to the applicant’s limited guilty pleas – where the sentencing judge gave no credit for the applicant’s limited cooperation with authority by setting an earlier parole eligibility date – where the sentencing judge did not comply with s 13(3) Penalties and Sentences Act 1992 (Qld) – whether the sentencing judge erred in not taking into account the applicant’s guilty pleas – whether the sentence must be reviewed
Penalties and Sentences Act 1992 (Qld), s 13(3)
R v Duncan [2006] QCA 46, cited
R v Pearce[1998] QCA 325, cited
R v Peisley[2009] QCA 142, cited
R v Rankin[2004] QCA 2, cited
R v Safi[2015] QCA 13, citedCOUNSEL:
The applicant appeared on his own behalf
T A Fuller QC for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant, William Rotoparera Taki, was charged with burglary with the aggravating factors of violence while armed in company (count 1); stealing (count 2); and grievous bodily harm (count 3). All offences were charged as occurring on the 4th of October 2013. On the 28th of August 2013, he pleaded guilty to burglary with violence, but not guilty to the remaining aggravating factors, not guilty to stealing, and guilty to grievous bodily harm. After a two-day trial, he was convicted of the aggravating factors of the burglary and…
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- AGLC
- R v Taki [2015] QCA 60
- Case
- [2015] QCA 60
- Decision Date
CaseChat Overview and Summary
The central legal issues in this appeal involved whether the sentencing judge's failure to account for the applicant’s limited guilty pleas and cooperation warranted interference with the sentence. Additionally, the court needed to determine if the sentencing judge's non-compliance with statutory requirements necessitated a review of the sentence. The applicant's counsel argued that the sentencing judge's oversight in not crediting the applicant’s limited pleas and cooperation was a significant error, and thus the sentence should be adjusted to reflect these factors more accurately. The court examined whether these oversights constituted a substantial injustice warranting appellate intervention.
The court found that the sentencing judge did indeed err in not considering the applicant's limited guilty pleas and cooperation, which are critical factors in determining parole eligibility. The court held that the sentencing judge's failure to comply with statutory requirements further underscored the need for a review. Consequently, the appeal was allowed to the extent that the applicant should be eligible to apply for parole after two years and nine months. The sentence otherwise remained unchanged. The court granted the application for leave to appeal, adjusted the parole eligibility date, and confirmed the rest of the sentence as imposed initially.
Orders
Orders of the court
Delivered ex tempore on 17 April 2015:
1. The application for leave to appeal is granted.
2. The appeal against sentence is allowed to the extent of adding that the applicant be eligible to apply for parole after two years and nine months, that is, on 28 May 2017.
3. The sentence imposed at first instance is otherwise confirmed.
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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