SUPREME COURT OF QUEENSLAND
CITATION:
R v Utley [2017] QCA 94
PARTIES:
R
v
UTLEY, Ivan Bernard
(applicant)FILE NO/S:
CA No 280 of 2016
DC No 281 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Townsville – Date of Sentence: 16 September 2016
DELIVERED ON:
19 May 2017
DELIVERED AT:
Brisbane
HEARING DATE:
10 March 2017
JUDGES:
Fraser and Philippides JJA and Boddice J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for leave to appeal be refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – OTHER MATTERS – where the applicant was convicted of one count of rape, one count of burglary with circumstances of aggravation, two counts of assault occasioning bodily harm whilst armed, and one count of common assault – where the applicant received a head sentence of 10 years on the count of rape – where the length of the head sentence imposed necessitated the declaration of a serious violent offence – where the applicant must then serve at least 80 per cent of the head sentence imposed – where the applicant contends the learned trial judge failed to take account of the applicant’s pleas of guilty, causing a miscarriage of the sentencing process – where the applicant additionally contends that the sentence imposed was excessive in all of the circumstances – whether leave to appeal the sentence should be granted
Penalties and Sentences Act 1992 (Qld), s 13
Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2, cited
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
R v Cobb[2016] QCA 333, considered
R v Mallie[2000] QCA 188, considered
R v Newman(2007) 172 A Crim R 171; [2007] QCA 198, considered
R v Safi[2015] QCA 13, applied
R v Richards[2008] QCA 211, considered
R v Rix[2014] QCA 278, consideredCOUNSEL:
M J Copley QC for the applicant
V A Loury QC for the respondentSOLICITORS:
Arthur Browne and Associates for the applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Boddice J and the order proposed by his Honour.
PHILIPPIDES JA: I have had the advantage of reading the reasons for judgment of Boddice J. I agree with those reasons and the order proposed.
BODDICE J: On 16 September 2016, the applicant pleaded guilty to one count of rape, one count of burglary with circumstances of aggravation, two counts of assault occasioning bodily harm whilst armed and one count of common assault. He was sentenced to an effective head sentence of 10 years imprisonment. As a consequence, there was automatically a declaration the applicant had been convicted of a serious violent offence, necessitating he serve 80 per cent of that…
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- AGLC
- R v Utley [2017] QCA 94
- Case
- [2017] QCA 94
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentencing judge failed to appropriately recognise the applicant's pleas of guilty, and whether the sentence imposed was manifestly excessive. The court considered the principles of sentencing in relation to pleas of guilty and the overall proportionality of the sentence. The court also considered the seriousness of the offences, the applicant's background, and the need for deterrence and rehabilitation.
The court found that the sentencing judge did not fail to appropriately recognise the applicant's pleas of guilty, and that the sentence imposed was not manifestly excessive. The court held that the sentence reflected the seriousness of the offences and was proportionate to the applicant's offending. The court also noted that the applicant's pleas of guilty were considered by the sentencing judge, and that the sentence imposed was not disproportionate to the applicant's offending. Accordingly, the application for leave to appeal was refused.
No further orders were made.
Orders
Orders of the court
The application for leave to appeal be refused.
Background
Background to the litigation
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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