R v Vizzard (No 2) - [2015] QCA 52

SUPREME COURT OF QUEENSLAND

CITATION:

R v Vizzard (No 2) [2015] QCA 52

PARTIES:

R
v
VIZZARD, Simon Blair
(applicant)

FILE NO/S:

CA No 176 of 2014
DC No 67 of 2014

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application – Further Order

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

14 April 2015

DELIVERED AT:

Brisbane

HEARING DATE:

5 December 2014

JUDGES:

Margaret McMurdo P and Holmes JA and Dalton J
Judgment of the Court

ORDER:

Grant the application for leave to appeal against sentence and allow the appeal on counts 1-8, 10-15, 17-19, 21, 23‑25, 27, 29, 31 and 32.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pled guilty to one count permit sodomy and two counts attempted sodomy and was sentenced to seven years imprisonment – where the applicant pled guilty to 11 counts of indecent treatment of a child and was sentenced to six years imprisonment – where the applicant pled guilty to seven counts of wilful exposure and was sentenced to three years of imprisonment – where the applicant pled guilty to four counts of procuring and was sentenced to three years imprisonment – where the sentences imposed were all concurrent – where the offending occurred between 1997 and 2001 – where the applicant fled the jurisdiction after being charged – where the applicant served eight years imprisonment in another jurisdiction before extradition to Australia – where the applicant had been in custody since 6 November 2003 – where the applicant submitted the sentence imposed failed to take into consideration the totality principle – whether the sentence imposed was manifestly excessive

COUNSEL:

J J Allen QC for the applicant
B J Power for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

THE COURT: Order 1 delivered on 10 April 2015 is amended to read:

“1. Grant the application for leave to appeal against sentence and allow the appeal on counts 1-8, 10-15, 17-19, 21, 23-25, 27, 29, 31 and 32.”

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R v Vizzard (No 2) [2015] QCA 52

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CITATION:	R v Vizzard (No 2) [2015] QCA 52
PARTIES:	R v VIZZARD, Simon Blair (applicant)
FILE NO/S:	CA No 176 of 2014 DC No 67 of 2014
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application – Further Order
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	14 April 2015
DELIVERED AT:	Brisbane
HEARING DATE:	5 December 2014
JUDGES:	Margaret McMurdo P and Holmes JA and Dalton J Judgment of the Court
ORDER:	Grant the application for leave to appeal against sentence and allow the appeal on counts 1-8, 10-15, 17-19, 21, 23‑25, 27, 29, 31 and 32.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pled guilty to one count permit sodomy and two counts attempted sodomy and was sentenced to seven years imprisonment – where the applicant pled guilty to 11 counts of indecent treatment of a child and was sentenced to six years imprisonment – where the applicant pled guilty to seven counts of wilful exposure and was sentenced to three years of imprisonment – where the applicant pled guilty to four counts of procuring and was sentenced to three years imprisonment – where the sentences imposed were all concurrent – where the offending occurred between 1997 and 2001 – where the applicant fled the jurisdiction after being charged – where the applicant served eight years imprisonment in another jurisdiction before extradition to Australia – where the applicant had been in custody since 6 November 2003 – where the applicant submitted the sentence imposed failed to take into consideration the totality principle – whether the sentence imposed was manifestly excessive
COUNSEL:	J J Allen QC for the applicant B J Power for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent