R v W

[2004] QCA 124

SUPREME COURT OF QUEENSLAND

CITATION:	R v W [2004] QCA 124
PARTIES:	R v W (applicant)
FILE NO/S:	CA No 391 of 2003 DC No 1522 of 2002
DIVISION:	Court of Appeal
PROCEEDING:	Appeal against Sentence
ORIGINATING COURT:	District Court at Brisbane
DELIVERED EX TEMPORE ON:	22 April 2004
DELIVERED AT:	Brisbane
HEARING DATE:	22 April 2004
JUDGES:	de Jersey CJ, Jerrard JA and Holmes J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:	1. Application refused 2. The envelope containing the section 13A to be resealed and not to be opened except with a further order by the Court
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 – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – GENERALLY CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – DISPARITY – CO-OFFENDERS CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – MISCELLANEOUS MATTERS – OTHER CONVICTIONS OF OFFENDER - where applicant sentenced to four and a half years’ imprisonment following conviction by a jury of the offence of doing grievous bodily harm with intent – where co-offenders pleaded guilty to causing grievous bodily harm simplicita and were sentenced to two years’ imprisonment suspended after three months -where the applicant had a relevant prior criminal history - whether the penalty imposed on the applicant is manifestly excessive compared to the penalties imposed on the co-offenders
Penalties and Sentences Act 1992 (Qld), s 13A
COUNSEL:	A J Rafter for the applicant B G Campbell for the respondent
SOLICITORS:	P J O’Brien for the applicant Director of Public Prosecutions (Queensland) for the respondent

THE CHIEF JUSTICE:  The applicant was sentenced to four and a half years' imprisonment following conviction by a jury of the offence of doing grievous bodily harm with intent. 

The offence involved the stabbing of the complainant in the course of a beating by the applicant and two co-offenders during the night.  The complainant had earlier caused considerable trouble at the residence of one of the co-offenders.  They chased him off, cornered him in a dark place and delivered the beating.  They were armed at the time with a pool cue, a baseball bat and a knife.  The applicant was described as an active and enthusiastic participant.  The complainant received life-threatening injuries from which he fortunately recovered. 

Although the applicant was prepared to plead guilty his plea was offered on the basis it was not he who stabbed the complainant.  Asked for a special verdict, the jury indicated it did not know who stabbed the complainant.  The applicant was sentenced on the basis he was involved in an assault of some seriousness knowing that others in the assault…