R v Vickery

[1992] QCA 147

IN THE COURT OF APPEAL [1992] QCA 147

SUPREME COURT OF QUEENSLAND

C.A. No. 62 of 1992

T H E Q U E E N

v.

RAYMOND SYDNEY VICKERY
ATTORNEY-GENERAL OF QUEENSLAND (Respondent)

(Appellant)

JUDGMENT - THE COURT

Delivered the 12th day of June 1992

The Attorney-General has appealed against the sentence

imposed upon Raymond Sydney Vickery on the ground of its unlawful wounding and, in lieu of sentence and with his consent, he was ordered to perform 200 hours of community service with the usual conditions.

inadequacy. Vickery was convicted in the District Court at

The offence involved an attack with a broken glass upon

another man at a hotel. Vickery's female companion was his six year old daughter. He was unemployed at the time, and immediately carried out the community service which had been ordered over a period of five weeks, which he concluded prior to 13 March this year. He received a most favourable report, and was described as "a polite, hardworking man who was eager to please ...". He has some previous convictions, but none which are presently material.

approached by the complainant, with whom she had previously
had a relationship, and was asked to dance. There was a long
history of ill-will between Vickery and the complainant who
had been dealt with on more than one occasion for harassment
of Vickery and the woman. When the complainant approached the
woman, Vickery broke the glass which he was holding on the
table and struck the complainant in the face, causing him
serious injuries.

Nonetheless, the sentence imposed upon him was plainly

inadequate. A sentence of at least eighteen months
imprisonment was warranted, despite the circumstances that the
act was spontaneous, and that Vickery co-operated with the
police, pleaded guilty at an early time, and gave clear signs
of contrition and remorse. Deterrence is an important factor
in relation to offences involving brutal violence in which

serious injuries are inflicted on the victim.

In the circumstances, the Court would on this appeal be

bound to reconsider the sentence imposed with a view to upon him in lieu of a sentence. The appeal was instituted only just within the limits of the time allowed and after Vickery had substantially carried out his community service. There is an incongruity associated with a combination of a prison sentence and an order for community service.

increasing it were it not for the further circumstance that

However, with considerable reluctance, the Court has

concluded that such considerations cannot be decisive in this

case. There is no real alternative to a custodial sentence.

In order to recognise the community service which has

been performed and the increased disruption caused to the
respondent's life by the delay in achieving finality in this
matter, the term of imprisonment will be less than would
otherwise have been imposed. In the special circumstances of

this case, the period of imprisonment should be twelve months.

The appeal is allowed. The respondent Raymond Sydney

Vickery is sentenced to imprisonment for a period of twelve months. A warrant is to be issued for his arrest but is to lie in the registry for a period of forty eight hours before

it is issued.
IN THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

C.A. No. 62 of 1992

T H E Q U E E N

v.

RAYMOND SYDNEY VICKERY
ATTORNEY-GENERAL OF QUEENSLAND (Respondent)

(Appellant)

The President

Mr Justice Davies Mr Justice Demack

Judgment of the Court delivered

the 12th day of June, 1992

APPEAL ALLOWED. THE RESPONDENT IS SENTENCED
TO IMPRISONMENT FOR A PERIOD OF TWELVE MONTHS. A WARRANT IS TO BE ISSUED FOR HIS ARREST TO LIE IN THE

REGISTRY FOR A PERIOD OF 48 HOURS BEFORE IT IS
ISSUED.

IN THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

C.A. No. 62 of 1992

Before:The President

Mr Justice Davies Mr Justice Demack

T H E Q U E E N

v.

RAYMOND SYDNEY VICKERY
ATTORNEY-GENERAL OF QUEENSLAND (Respondent)

(Appellant)

JUDGMENT - THE COURT

Delivered the 12th day of June, 1992

MINUTE OF ORDER:APPEAL ALLOWED. THE RESPONDENT IS SENTENCED

TO IMPRISONMENT FOR A PERIOD OF TWELVE
MONTHS.A WARRANT IS TO BE ISSUED FOR HIS
ARREST TO LIE IN THE REGISTRY FOR A PERIOD

OF 48 HOURS BEFORE IT IS ISSUED.

CATCHWORDS:Criminal law - Sentence - Attorney-General appeals

against sentence for unlawful wounding -
appeal instituted just within time and
when community service substantially
completed - whether custodial sentence
nevertheless warranted - 12 months

substituted

Counsel: Mr P. Ridgway for the Appellant

Mr A. Rafter for the Respondent

Solicitors:  Director of Prosecutions for the Appellant
Legal Aid Office for the Respondent

Hearing Date: 9th June, 1992