SUPREME COURT OF QUEENSLAND
CITATION:
R v WAJ [2010] QCA 87
PARTIES:
R
v
WAJ
(applicant)FILE NO/S:
CA No 315 of 2009
DC No 3823 of 2009
DC No 3824 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Childrens Court at ToowoombaDELIVERED ON:
20 April 2010
DELIVERED AT:
Brisbane
HEARING DATE:
14 April 2010
JUDGES:
Muir and Fraser JJA and Atkinson J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL –APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty and was convicted of five indictable offences and one summary offence – where the applicant was 16 years of age when the majority of offences were committed and when sentenced – where the applicant applied for leave to appeal on the grounds that the sentences were manifestly excessive in all the circumstances – whether the sentences imposed were manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL –APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS – where the applicant applied for leave to appeal on the grounds that the sentences were manifestly excessive when compared to the sentence imposed on a co-accused – whether the sentences were manifestly excessive when compared to the sentence imposed on a co-accused
CRIMINAL LAW – APPEAL AND NEW TRIAL –APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the applicant contended that the sentencing judge erred in recording convictions – whether the sentencing judge erred in recording convictions
Youth Justice Act 1992 (Qld), s 175, s 176, s 183, s 184(1)
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, applied
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26, applied
R v B[1995] QCA 231, cited
R v BBN[2008] QCA 84, cited
R v H[2000] QCA 196, cited
R v J[2000] QCA 489, cited
R v KAC[2010] QCA 39, applied
R v S[1999] QCA 499, cited
R v SBP[2009] QCA 408, citedCOUNSEL:
The applicant appeared on his own behalf
M B Lehane for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
UIR JA: MI agree that the application should be refused for the reasons given by Fraser JA.
FRASER JA: The applicant was convicted on his pleas of guilty to five indictable offences and one summary offence committed between January and September 2009. He was 15 years of age when he committed the first offence and 16 years of age when he committed the other offences and when he was sentenced on 25 November 2009. The applicant has applied for leave to appeal against his sentence of 12 months detention (for an assault occasioning bodily harm in company committed on…
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- AGLC
- R v WAJ [2010] QCA 87
- Case
- [2010] QCA 87
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the sentences imposed on the applicant were manifestly excessive in all the circumstances, and whether they were disproportionately severe when compared to the sentence of the co-accused. Furthermore, the court examined whether the sentencing judge made any errors in recording the convictions.
The court found that the sentences were not manifestly excessive and that there was no parity error between the sentences imposed on the applicant and the co-accused. The court also found no error in the recording of the convictions by the sentencing judge. Consequently, the application for leave to appeal was refused.
The final orders of the court were that the application for leave to appeal was refused.
Orders
Orders of the court
Application refused
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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