R v WAW

Case [2013] QCA 22


SUPREME COURT OF QUEENSLAND

CITATION:

R v WAW [2013] QCA 22

PARTIES:

R
v
WAW
(applicant)

FILE NO/S:

CA No 255 of 2012
SC No 456 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

22 February 2013

DELIVERED AT:

Brisbane

HEARING DATE:

5 February 2013

JUDGES:

Chief Justice, Muir JA and Dalton J
Separate reasons for judgment of each member of the Court, Chief Justice and Muir JA concurring as to the orders made, Dalton J dissenting

ORDER:

Application refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – the applicant was convicted of manslaughter and interfering with a corpse – the applicant lured the deceased to his killers knowing that the deceased feared for his life – the applicant knew in advance that the killers intended to inflict serious physical harm, with death a probable consequence – the applicant severed the deceased’s penis from his corpse while under the influence of morphine – the applicant described her actions to others with defiance rather than remorse – the applicant later cooperated with police and entered a guilty plea – the applicant also gave an undertaking pursuant to s 13A of the Penalties and Sentences Act 1992 – the applicant was sentenced to nine years imprisonment for manslaughter and one year for interfering with a corpse, to be served concurrently – but for the s 13A undertaking, the applicant would have been sentenced to twelve years imprisonment – the applicant submitted that her sentence failed to make proper allowance for past cooperation and the plea of guilty – whether the term of nine years imprisonment imposed for manslaughter was manifestly excessive

Criminal Code 1899 (Qld), s 7, s 8
Penalties and Sentences Act 1992 (Qld), s 10, s 13A

GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22, considered
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
R v Bates; R v Baker[2002] QCA 174, cited
R v Black[2009] QCA 198, cited
R v Burke [2002] NSWCCA 353, cited
R v Corry[2006] QCA 203, cited
R v Dwyer[2008] QCA 117, considered
R v Hicks & Taylor[2011] QCA 207, cited
R v Jervis [1993] 1 Qd R 643, cited
R v KAC[2010] QCA 39, cited
R v SBI[2009] QCA 73, cited
R v Schuurs[2000] QCA 278, distinguished
R v Smith [2005] 2 Qd R 69; [2005] QCA 1, distinguished
R v Swayn; ex parte A-G (Qld)[2009] QCA 81, cited
R v Webber (2000) 114 A Crim R 381; [2000] QCA 316, cited
R v Welham & Martin[2012] QCA 103, considered
R v West[2011] QCA 76, considered

COUNSEL:

R East for the applicant
M R Byrne SC for the respondent

SOLICITORS:

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Details
AGLC
R v Wright [2013] QCA 22
Case
[2013] QCA 22
Decision Date

CaseChat Overview and Summary

The applicant appealed against his sentence for manslaughter and interfering with a corpse, arguing that the sentence was manifestly excessive or inadequate. The applicant had lured the deceased, who feared for his life, to his killers, knowing that they intended to inflict serious physical harm, with death a probable consequence. The applicant severed the deceased's penis from his corpse while under the influence of morphine and displayed defiance rather than remorse. However, the applicant later cooperated with police, entered a guilty plea, and provided an undertaking under section 13A of the Penalties and Sentences Act 1992. The applicant was sentenced to nine years imprisonment for manslaughter and one year for interfering with a corpse, to be served concurrently. Without the section 13A undertaking, the applicant would have been sentenced to twelve years imprisonment.

The legal issue before the court was whether the term of nine years imprisonment imposed for manslaughter was manifestly excessive. The court examined the principles governing sentencing appeals, including whether the sentence was within the range of sentences that a properly directed sentencing judge could have imposed, and whether the sentence was manifestly excessive or inadequate. The court also considered the applicant's cooperation with police, his plea of guilty, and the circumstances of the offence, including the applicant's knowledge of the killers' intentions and his actions after the offence.

The court found that the sentence imposed was not manifestly excessive. The court noted that the sentence was within the range of sentences that a properly directed sentencing judge could have imposed, and that the applicant's cooperation with police and plea of guilty had been taken into account. The court also found that the applicant's actions after the offence, including severing the deceased's penis from his corpse while under the influence of morphine, demonstrated a lack of remorse and a level of culpability that warranted a significant sentence. The court held that the sentence imposed was not manifestly excessive or inadequate, and the application for appeal against sentence was refused.

The court's final order was that the application was refused. The applicant's sentence of nine years imprisonment for manslaughter and one year for interfering with a corpse, to be served concurrently, was upheld. The court found that the sentence was within the range of sentences that a properly directed sentencing judge could have imposed, and that the applicant's cooperation with police and plea of guilty had been taken into account. The court also found that the applicant's actions after the offence demonstrated a lack of remorse and a level of culpability that warranted a significant sentence.

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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