SUPREME COURT OF QUEENSLAND
CITATION: R v Taylor [2000] QCA 311 PARTIES: R
v
TAYLOR, Jason Wade
(applicant/appellant)FILE NO/S: CA No 139 of 2000
DC No 323 of 1999DIVISION: Court of Appeal PROCEEDING: Sentence Application ORIGINATING COURT: District Court at Ipswich
DELIVERED ON: 4 August 2000 DELIVERED AT: Brisbane HEARING DATE: 24 July 2000 JUDGES: Davies and Thomas JJA, Mullins J
Judgment of the CourtORDER: Application for leave to appeal against sentence granted. Appeal allowed. Sentence imposed on 18 May 2000 suspended forthwith. CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON – APPLICATION TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – GENERALLY – application for leave to appeal against sentence - conviction for assault occasioning bodily harm – whether sentence imposed was manifestly excessive
Criminal Law Amendment Act 1997 (Qld)
Penalties and Sentences 1992 (Qld), s 9(4)R v Anlezark [1999] QCA 380, CA No 207 of 1999, 9 September 1999, discussed
R v Bean [1999] QCA 359, CA No 95 of 1999, 26 August 1999, considered
R v Ward CA No 245 of 1998, 18 September 1998, discussedCOUNSEL: A J Kimmins for the applicant/appellant
L J Clare for the respondentSOLICITORS: Herdlaw for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent
THE COURT: This is an application for leave to appeal against the sentence imposed on the applicant in the District Court at Ipswich on 18 May 2000.
The applicant pleaded guilty to assault occasioning bodily harm. He was sentenced to nine months' imprisonment to be suspended after three months with an operational period of three years.
The assault occurred on 26 December 1998. At the date of the assault the applicant and the complainant had been in a relationship for some 17 months and they lived together for the last two of those months. Their relationship ended on the day of the assault.
The applicant was born on 14 January 1975. He was therefore 23 years old at the date of the offence. The complainant was a similar age.
On the day of the offence, the applicant and the complainant had been to a shop and were walking together. An argument developed. The complainant indicated that she was thinking of moving back with her parents, because her father did not think much of the applicant's assaulting her. (The relationship had been a tumultuous one with violence from each of the applicant and the complainant towards the other during the course of the relationship.)
The applicant threw a pie at the complainant and the complainant threw Coca Cola at the applicant. The applicant then pushed the complainant to the ground. Other people came along and the applicant helped the complainant to her feet. The applicant then embraced her to comfort her. The complainant then attempted to get away from the applicant's embrace and bit him on…
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- AGLC
- R v Taylor [2000] QCA 311
- Case
- [2000] QCA 311
- Decision Date
CaseChat Overview and Summary
The Court of Criminal Appeal analysed the trial judge's sentencing remarks and the applicable legal principles. The judges concluded that the sentence imposed was indeed manifestly excessive. They found that the trial judge had not adequately taken into account the principles of proportionality and deterrence, and had instead placed undue emphasis on the defendant's criminal history. The court held that the sentence imposed was disproportionate to the gravity of the offence and the offender, and thus warranted a reduction or suspension. The appeal was allowed, and the sentence imposed on 18 May 2000 was suspended forthwith.
The court's decision underscored the importance of proportionality in sentencing and the need for trial judges to carefully consider all relevant factors when determining an appropriate sentence. The judges emphasised that a manifestly excessive sentence could be corrected through the appellate process, ensuring that justice is served in individual cases. The final orders of the court were that the application for leave to appeal against the sentence was granted, the appeal was allowed, and the sentence imposed on 18 May 2000 was suspended forthwith.
Orders
Orders of the court
Application for leave to appeal against sentence granted. Appeal allowed. Sentence imposed on 18 May 2000 suspended forthwith.
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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