SUPREME COURT OF QUEENSLAND
CITATION:
R v Tyrrell [2022] QCA 157
PARTIES:
R
v
TYRRELL, Shane Noel
(applicant)FILE NO/S:
CA No 124 of 2022
DC No 601 of 2021DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh – Date of Sentence: 22 June 2022 (Chowdhury DCJ)
DELIVERED ON:
26 August 2022
DELIVERED AT:
Brisbane
HEARING DATE:
22 August 2022
JUDGES:
Mullins P and McMurdo and Bond JJA
ORDER:
The application for leave to appeal is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the applicant pleaded guilty to one count of distributing child exploitation material and one count of possessing child exploitation material – where the applicant was sentenced to nine months’ imprisonment wholly suspended for the distribution count and three months’ imprisonment wholly suspended for the possession count – where the operational period on each count was 12 months – whether the sentencing judge erred by treating the offence in the distribution count as more serious than the offence in the possession count – whether the sentencing discretion miscarried
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the applicant pleaded guilty to one count of distributing child exploitation material and one count of possessing child exploitation material – where the applicant was sentenced to nine months’ imprisonment wholly suspended for the distribution count and three months’ imprisonment wholly suspended for the possession count – where the operational period on each count was 12 months – whether the sentencing judge erred by failing to consider a relevant consideration, namely the applicant’s mental health – whether the sentencing discretion miscarried
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of distributing child exploitation material and one count of possessing child exploitation material – where the applicant was sentenced to nine months’ imprisonment wholly suspended for the distribution count and three months’ imprisonment wholly suspended for the possession count – where the operational period on each count was 12 months – whether the sentence imposed by the sentencing judge was manifestly excessive – whether the sentencing discretion miscarried
Criminal Code (Qld), s 228C, s 228D
Penalties and Sentences Act 1992 (Qld), s 9(4)(c), s 12, s 143, s 152R v Bunton[2019] QCA 214, considered
R v Sperling[2021] QCA 40, considered
R v ZB (2021) 287 A Crim R 519; [2021] QCA 9, consideredCOUNSEL:
J R Jones and N D Boyd for the applicant
E L Kelso for the respondentSOLICITORS:
Potts Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MULLINS P and BOND JA: We have had the advantage of reading in draft the reasons for judgment of McMurdo JA. We agree with his Honour’s conclusions in relation to…
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- AGLC
- R v Tyrrell [2022] QCA 157
- Case
- [2022] QCA 157
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing the imposition of suspended sentences and the significance of the operational period. The court considered the principles of parity and proportionality in sentencing and whether the sentence imposed was manifestly excessive or inadequate. The court also assessed whether the sentencing judge had failed to consider a relevant consideration, specifically the applicant’s mental health. After a thorough analysis of the sentencing process and the principles of criminal law, the court concluded that the sentencing judge had not erred in treating the distribution offence as more serious and had not failed to consider the applicant’s mental health as a relevant factor. The court further found that the sentence imposed was not manifestly excessive.
As a result of this reasoning, the court determined that the applicant’s appeal against sentence did not succeed. The application for leave to appeal was refused, and the original sentence was 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
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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