SUPREME COURT OF QUEENSLAND
CITATION:
R v Watson; ex parte A-G (Qld) [2009] QCA 279
PARTIES:
R
v
WATSON, David Gabriel
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 153 of 2009
SC No 438 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
18 September 2009
DELIVERED AT:
Brisbane
HEARING DATE:
17 July 2009
JUDGES:
Chief Justice and Muir and Chesterman JJA
Separate reasons for judgment of each member of the Court, the Chief Justice and Chesterman JA concurring as to the orders made, Muir JA dissentingORDERS:
1. Appeal allowed.
2. The sentence of four and a half years imprisonment suspended after 12 months for an operational period of four years is set aside.
3. The respondent is to be imprisoned for four and a half years, suspended after 18 months for an operational period of four and a half years.
4. The declaration as to time already served (23 days, from 13 May 2009 to 5 June 2009) is to remain in place.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEALS BY THE CROWN – where the respondent was convicted on own plea of guilty of manslaughter on the basis of criminal negligence pursuant to s 290 of the Criminal Code – where the respondent was sentenced at first instance to four and a half years imprisonment suspended after 12 months – whether the sentence imposed was so inadequate as to warrant the court’s intervention
Criminal Code 1899 (Qld) s 290, s 669A
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
R v Chard ex parte A-G (Qld)[2004] QCA 372, distinguished
R v Cramp (Unreported, Supreme Court of Queensland, White J, 30 January 2008), distinguished
R v Johnson ex parte A-G (Qld)[2007] QCA 76, distinguished
R v KU & Ors; ex parte A-G (Qld) (2008) 181 A Crim R 58; [2008] QCA 20, considered
R v KU and Ors; ex parte A-G (Qld)[2008] QCA 154, considered
R v Lacey; ex parte A-G (Qld) [2009] QCA 274, approved
R v Pesnak & Anor (2000) 112 A Crim R 410; [2000] QCA 245, distinguished
R v Streatfield (1991) 53 A Crim R 320, considered
R v Tientjes ex parte A-G[1999] QCA 480, distinguishedCOUNSEL:
W Sofronoff QC SG, with E Wilson, for the appellant
M J Burns SC, with P Morreau, for the respondentSOLICITORS:
Crown Law for the appellant
Roberts Nehmer McKee for the respondent
JUSTICECHIEF : The Honourable the Attorney-General appeals, under s 669A(1) of the Criminal Code, against a sentence of four and a half years imprisonment, suspended after one year (for an operational period of four and a half years) imposed in the trial division of this court on 5 June 2009, upon the respondent’s plea of guilty to manslaughter. The respondent had been charged that on…
Keep reading for free
Create a free CaseChat account to read R v Watson; ex parte A-G (Qld) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2009] QCA 279
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the sentence imposed by the trial judge was so inadequate that it warranted intervention. The appeal required consideration of the principles governing sentencing for manslaughter by criminal negligence and the extent to which the sentence should reflect the seriousness of the offence and the need for general deterrence. The court also needed to evaluate the impact of the sentencing principles and the relevant statutory provisions, particularly s 290 of the Criminal Code, on the adequacy of the sentence.
The court found that the sentence of four and a half years imprisonment, suspended after 12 months, was indeed inadequate. The court acknowledged the seriousness of manslaughter by criminal negligence and the importance of general deterrence. It considered the need for a sentence that reflected the gravity of the offence and provided a sufficient punishment. The court also noted the operational period of four years, which it deemed insufficient to achieve the objectives of punishment and deterrence. Consequently, the appeal was allowed, and the sentence was set aside. The court ordered a new sentence of four and a half years imprisonment, suspended after 18 months for an operational period of four and a half years, while maintaining the declaration as to time already served.
The final orders of the court were that the original sentence of four and a half years imprisonment, suspended after 12 months, be set aside. Watson was to be imprisoned for four and a half years, suspended after 18 months for an operational period of four and a half years. The declaration regarding the time already served, from 13 May 2009 to 5 June 2009, was to remain in place.
Orders
Orders of the court
1. Appeal allowed.
2. The sentence of four and a half years imprisonment suspended after 12 months for an operational period of four years is set aside.
3. The respondent is to be imprisoned for four and a half years, suspended after 18 months for an operational period of four and a half years.
4. The declaration as to time already served (23 days, from 13 May 2009 to 5 June 2009) is to remain in place.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.