SUPREME COURT OF QUEENSLAND
CITATION:
R v West [2012] QCA 365
PARTIES:
R
v
WEST, Gerald Ernest
(applicant)FILE NO/S:
CA No 340 of 2011
DC No 397 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at SouthportDELIVERED ON:
Orders delivered ex tempore on 23 May 2012
Reasons delivered on 21 December 2012DELIVERED AT:
Brisbane
HEARING DATE:
23 May 2012
JUDGE:
Margaret McMurdo P and Fraser and White JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS: Orders delivered ex tempore on 23 May 2012:
1. The application for leave to appeal is granted and the appeal is allowed.
2. The sentence imposed at first instance is set aside.
3. Instead, the Court substitutes a sentence of 12 months imprisonment suspended forthwith, with an operational period of 12 months.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO‑OFFENDERS – where applicant pleaded guilty to one count of attempting by verbal instructions to induce a witness to give false testimony – where applicant jointly charged with a co‑offender who also pleaded guilty to the same offence – where applicant sentenced to an intensive correction order for 12 months and fined $10,000 – where co‑offender sentenced to an intensive correction order for six months and to 18 months imprisonment with immediate suspension and operational period of 18 months – where co‑offender and applicant sentenced by different Judges – where applicant’s sentence endorsed on court order sheet but not otherwise drawn to other Judge’s attention – where applicant contends sentence is manifestly excessive and disparate to that imposed on co‑offender – whether sentence manifestly excessive in all the circumstances – whether disparity of sentences unjustifiable and infringes principle of equal justice
Penalties and Sentences Act 1992 (Qld), s 13A, s 112
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; (2011) 86 ALJR 36; [2011] HCA 49, followed
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, considered
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26, followed
R v Ensbey; ex parte Attorney-General (Qld) [2005] 1 Qd R 159; [2004] QCA 335, cited
R v Harnden [2003] QCA 340, cited
R v Kucharski[1997] VicSC 249, cited
R v Wager, unreported, Court of Criminal Appeal, Queensland, Macrossan CJ, and Kelly and Connolly JJ, No 79 of 1990, citedCOUNSEL:
J R Hunter SC for the applicant
D Balic for the respondentSOLICITORS:
Jacobson Mahony Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with White JA's reasons for the orders pronounced by this Court in this matter on 23 May 2012.
FRASER JA: I agree with the reasons for judgment of White JA for the orders made by the Court on 23 May 2012.
WHITE JA: On 23 May…
Continue reading R v West
Sign in free to access the full text
- AGLC
- R v West [2012] QCA 365
- Case
- [2012] QCA 365
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence was manifestly excessive in all the circumstances and if the disparity of sentences was unjustifiable and infringed the principle of equal justice. The court considered the principles of parity between co-offenders and the appropriate sentence for the offence committed. The court also evaluated whether the sentence was manifestly excessive and whether the disparity of sentences was unjustifiable and infringed the principle of equal justice.
The court found that the sentence imposed was manifestly excessive in all the circumstances. The court also found that the disparity of sentences was unjustifiable and infringed the principle of equal justice. The court concluded that the sentence imposed on the applicant was manifestly excessive and disproportionate to the sentence imposed on the co-offender. The court noted that the sentences were imposed by different judges, and the applicant's sentence was not drawn to the other judge's attention. The court substituted a sentence of 12 months imprisonment suspended forthwith, with an operational period of 12 months.
The final orders delivered ex tempore on 23 May 2012 were that the application for leave to appeal was granted and the appeal was allowed. The sentence imposed at first instance was set aside, and a new sentence of 12 months imprisonment suspended forthwith, with an operational period of 12 months, was substituted.
Orders
Orders of the court
Orders delivered ex tempore on 23 May 2012:
1. The application for leave to appeal is granted and the appeal is allowed.
2. The sentence imposed at first instance is set aside.
3. Instead, the Court substitutes a sentence of 12 months imprisonment suspended forthwith, with an operational period of 12 months.
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.