R v Wales

Case [2019] QCA 64


SUPREME COURT OF QUEENSLAND

CITATION:

R v Wales [2019] QCA 64

PARTIES:

R
v
WALES, Joshua Don Francis

(applicant)

FILE NO:

CA No of 122 of 2018
SC No 84 of 2017

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Mackay – Date of Sentence: 17 May 2018 (Crow J)

DELIVERED ON:

16 April 2019

DELIVERED AT:

Brisbane

HEARING DATE:

25 October 2018

JUDGES:

Fraser and Morrison and McMurdo JJA

ORDERS:

1.   Application for leave to appeal against sentence granted.

2.   Appeal against sentence allowed.

3.   Vary the sentence imposed upon the applicant by setting aside the serious violent offence declarations in respect of each offence of which the applicant was convicted.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the applicant was convicted and sentenced to nine years imprisonment for manslaughter with a concurrent term of four years imprisonment for burglary by breaking whilst armed with violence in company with property damage – where a serious violent offence declaration was made in respect of each offence – whether the sentencing judge erred by failing to adopt an integrated approach to sentencing – whether the serious violent offence declaration rendered the sentence manifestly excessive having regard to the principles of parity

Criminal Code (Qld), s 8
Penalties and Sentences Act
1992 (Qld), s 161B

AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, applied
Barbaro v The Queen
(2014) 253 CLR 58; [2014] HCA 2, cited
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
R v Hicks & Taylor[2011] QCA 207, applied
R v Illin
(2014) 246 A Crim R 176; [2014] QCA 285, applied
R v McDougall and Collas
[2007] 2 Qd R 87; [2006] QCA 365, applied

COUNSEL:

K Prskalo, with J Horne, for the applicant
D C Boyle for the respondent

SOLICITORS:

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

  1. FRASER JA:  The applicant was convicted on his pleas of guilty and he was sentenced to nine years imprisonment for manslaughter and to a concurrent term of four years imprisonment for burglary by breaking, whilst armed, with violence, in company, with property damage.  The sentencing judge declared that the applicant was convicted of a serious violent offence in respect of each offence.  The applicant applies for leave to appeal against the sentence on two grounds: (ground 1) the sentencing judge erred by failing to adopt an integrated approach in the exercise of the sentencing discretion and (ground 2) the serious violent offence declaration rendered the sentence manifestly excessive having regard to the sentence imposed on co-offender Abell and the principles of parity.

  2. The applicant was sentenced upon a statement of agreed facts.  I will reproduce the relevant parts of the statement:

    “On the afternoon of the offence … the defendant and his friends, Mala Geissler and Jeremy Abell,…

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Details
AGLC
R v Wales [2019] QCA 64
Case
[2019] QCA 64
Decision Date

CaseChat Overview and Summary

In the case of R v Wales, the applicant appealed against his sentence for convictions of manslaughter and burglary by breaking whilst armed with violence in company with property damage. The applicant was sentenced to a total of thirteen years imprisonment, comprising nine years for manslaughter and a concurrent term of four years for the burglary. A serious violent offence declaration was made in respect of each offence. The applicant argued that the sentencing judge erred in failing to adopt an integrated approach to sentencing and that the serious violent offence declaration rendered the sentence manifestly excessive.

The court was required to determine whether the sentencing judge erred in failing to adopt an integrated approach to sentencing and whether the serious violent offence declaration rendered the sentence manifestly excessive. The court considered the principles of parity and the need to ensure that the sentence reflects the totality of the offending. The court also considered the need to ensure that the sentence is proportionate to the seriousness of the offending.

The court found that the sentencing judge erred in failing to adopt an integrated approach to sentencing. The court held that the serious violent offence declaration rendered the sentence manifestly excessive. The court found that the sentence imposed did not reflect the totality of the offending and was disproportionate to the seriousness of the offending. The court held that the sentence should be reduced to reflect the principles of parity and proportionality. The court granted the application for leave to appeal against sentence and allowed the appeal against sentence. The court set aside the serious violent offence declarations in respect of each offence of which the applicant was convicted.

Orders

Orders of the court

1. Application for leave to appeal against sentence granted.

2. Appeal against sentence allowed.

3. Vary the sentence imposed upon the applicant by setting aside the serious violent offence declarations in respect of each offence of which the applicant was convicted.

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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