SUPREME COURT OF QUEENSLAND
CITATION:
R v Vaughan [2005] QCA 348
PARTIES:
R
v
VAUGHAN, Danny Eugene
(applicant)FILE NO/S:
CA No 123 of 2005
DC No 297 of 2005
DC No 3403 of 2002DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
23 September 2005
DELIVERED AT:
Brisbane
HEARING DATE:
19 September 2005
JUDGES:
Jerrard and Keane JJA and Cullinane J
Separate reasons for judgment of each member of the Court, Keane JA and Cullinane J concurring as to the order made, Jerrard JA dissentingORDER:
Application for leave to appeal against sentence dismissed
CATCHWORDS:
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN REFUSED - where applicant was convicted on his own plea of guilty of one count of breaking and entering premises and stealing - where applicant sentenced to three years imprisonment, suspended after 18 months with an operational period of five years - where applicant was 25 years old at the date of sentence and possessed an extensive criminal history including prior convictions for breaking and entering - where the applicant was not addicted to alcohol or drugs - where the applicant had no real work history - where the applicant had young children who would enter the care of the State if he was imprisoned - whether, in all the circumstances, the sentence imposed was manifestly excessive
R v Cummins [2004] QCA 350; CA No 294 of 2004, 23 September 2004, cited
R v Donald [2000] QCA 399; CA No 179 of 2000, 28 September 2000, applied
R v Kalotai [1995] QCA 625; CA No 277 of 1995, 6 September 1995, cited
R v McIlwain [1997] QCA 347; CA No 196 of 1997, 15 July 1997, cited
R v Mulder [2002] QCA 455; CA No 202 of 2002, 28 October 2002, cited
R v Weatherall [2001] QCA 129; CA No 18 of 2001, 5 April 2001, cited
R v Wilshire [1998] QCA 30; CA No 402 of 1997, 6 February 1998, cited
Rudolph v Marama [1994] QCA 494; CA No 344 of 1994, 20 October 1994, cited
COUNSEL:
J R Hunter for the applicant
M R Byrne for the respondentSOLICITORS:
Ryan & Bosscher for the applicant
Director of Public Prosecutions (Queensland) for the respondent
JERRARD JA: In this application I have read the reasons for judgment of Keane JA, and gratefully adopt his description of the relevant circumstances; but would allow the application.
The applicant’s criminal history reveals the following sequence of his committing similar offences to the offence of breaking and entering premises (and stealing from them) for which he was sentenced on 21 April 2005 to three years imprisonment, suspended after 18 months for a five year operational period:
· on 14 December 1996 he committed an offence of breaking and entering a dwelling…
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- AGLC
- R v Vaughan [2005] QCA 348
- Case
- [2005] QCA 348
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive given the totality of the circumstances. The applicant argued that the sentence was unjust and disproportionate, taking into account his age, criminal history, and the potential impact on his children. The court was required to assess the proportionality and appropriateness of the sentence in light of these factors, referencing relevant case law to determine if the sentence fell outside the range of reasonable outcomes.
In considering the matter, the court referred to several precedents that highlighted the importance of proportionality in sentencing and the need to tailor sentences to the individual circumstances of the offender. The court acknowledged the applicant's extensive criminal history and the potential consequences for his children but ultimately found that the sentence was within the range of reasonable outcomes. The court concluded that the sentence, while severe, was not manifestly excessive given the nature and circumstances of the offence, the applicant's history, and the need to deter future criminal conduct.
The application for leave to appeal against sentence was dismissed, affirming the original sentence imposed by the lower court. The court found that the sentence was not manifestly excessive and appropriately reflected the seriousness of the offence and the need for general deterrence.
Orders
Orders of the court
Application for leave to appeal against sentence dismissed
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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