SUPREME COURT OF QUEENSLAND
CITATION:
R v Welham & Martin [2012] QCA 103
PARTIES:
R
v
WELHAM, Gavin Paul
(applicant)R
v
MARTIN, Dianne Pearl
(applicant/appellant)FILE NO/S:
CA No 123 of 2011
CA No 129 of 2011
SC No 72 of 2011DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Cairns
DELIVERED ON:
20 April 2012
DELIVERED AT:
Brisbane
HEARING DATE:
5 March 2012
JUDGES:
Margaret McMurdo P, Chesterman JA and Daubney J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. In CA No 123 of 2011: The application by Gavin Paul Welham for leave to appeal against sentence be refused.
2. In CA No 129 of 2011: Dianne Pearl Martin have leave to appeal against the sentence imposed on 17 May 2011.
3. In CA No 129 of 2011: The appeal by Dianne Pearl Martin be allowed and it be ordered that the sentence imposed on her on 17 May 2011 be amended by deletion of the declaration that the offence was a serious violent offence.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant’s offer to plead guilty to manslaughter was not accepted by the Prosecution – where applicant initially pleaded not guilty to improper interference with a corpse but later changed his plea to guilty – where the deceased had made threats against the applicant and his de facto partner Martin – where applicant enlisted a third party known for his violent tendencies to assault the deceased – where a surprise attack was made on the deceased – where third party inflicted fatal injuries on deceased with a baseball bat – where applicant only became aware that the third party had armed himself moments before the attack – where applicant was present for the assault but did not inflict violence on the deceased – where applicant did not render assistance to the deceased after the attack – where applicant left deceased to die and later disposed of the body – where applicant was sentenced to eleven years imprisonment for manslaughter and two years imprisonment for unlawful interference with a corpse – where applicant seeks leave to appeal against the sentence for manslaughter only – where sentencing judge accepted that applicant had not inflicted the fatal blows – where applicant provided belated assistance to the authorities – where applicant contends the sentencing judge imposed a sentence outside the range of comparable sentences – whether the sentence was manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant/appellant Martin pleaded not guilty to manslaughter – where applicant was found guilty of manslaughter and sentenced to eight years imprisonment and a discretionary serious…
Continue reading R v Welham & Martin
Sign in free to access the full text
- AGLC
- R v Welham & Martin [2012] QCA 103
- Case
- [2012] QCA 103
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the sentences imposed on Welham and Martin were manifestly excessive or inadequate. For Welham, the court needed to consider the totality of his involvement, including his role in enlisting a third party for an assault that resulted in the death, his failure to intervene, and his subsequent disposal of the body. For Martin, the court had to examine whether the absence of clear reasons for the serious violent offence declaration rendered the entire sentence manifestly excessive.
Welham's appeal was dismissed because the court found that his sentence was within the appropriate range, considering his involvement in the events leading to the death. The court acknowledged Welham's belated cooperation with authorities but found his actions warranted a significant penalty. Martin's appeal was allowed because the court found that the lack of clear reasons for the serious violent offence declaration made the entire sentence manifestly excessive. The court determined that without the declaration, Martin's sentence would have been more proportionate to her role in the offence.
The final orders were that Welham's application for leave to appeal against sentence be refused, Martin be granted leave to appeal against her sentence, and the appeal be allowed with the deletion of the declaration that the offence was a serious violent offence.
Orders
Orders of the court
1. In CA No 123 of 2011: The application by Gavin Paul Welham for leave to appeal against sentence be refused.
2. In CA No 129 of 2011: Dianne Pearl Martin have leave to appeal against the sentence imposed on 17 May 2011.
3. In CA No 129 of 2011: The appeal by Dianne Pearl Martin be allowed and it be ordered that the sentence imposed on her on 17 May 2011 be amended by deletion of the declaration that the offence was a serious violent offence.
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.