R v Wing

[2007] QCA 138

SUPREME COURT OF QUEENSLAND

CITATION:

R v Wing [2007] QCA 138

PARTIES:

R
v
WING, Giles Dorian
(applicant)

FILE NO/S:

CA No 34 of 2007
DC No 391 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Townsville

DELIVERED EX TEMPORE ON:

20 April 2007

DELIVERED AT:

Brisbane

HEARING DATE:

20 April 2007

JUDGES:

de Jersey CJ, Keane JA, Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The application is refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – where applicant pleaded guilty to offences including doing grievous bodily harm and dangerous operation of a motor vehicle – where applicant sentenced to four and a half years imprisonment with parole eligibility after one and a half years for doing grievous bodily harm – where applicant  poked gun out of car window and gun discharged as third party attempted to knock gun out of the way – where it was unclear whether applicant knew gun was loaded – where applicant had consumed a substantial amount of alcohol – where victim left with substantial scarring – whether sentence was manifestly excessive

CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – PRACTICE AND PROCEDURE – SENTENCING – where applicant pleaded guilty to dangerous operation of a motor vehicle and other offences including doing grievous bodily harm – where applicant disqualified from holding or obtaining a driver’s licence for five years – where applicant performed ‘burn-outs’, ‘fish-tails’ and ‘circles’ outside a hotel where he had been drinking – where applicant had a minor traffic history prior to the offence, and received two further convictions subsequent to the offence – whether five year disqualification was manifestly excessive

Amituanai v The Queen (1995) 78 A Crim R 588, distinguished
R v Berryman[2005] QCA 471; CA No 282 of 2005, 16 December 2005, distinguished
R v Blackett (1990) 50 A Crim R 228, distinguished
R v Bryan; Ex parte A-G[2003] QCA 18; (2003) 137 A Crim R 489, applied
R v Deans[2000] QCA 516; CA No 257 of 2000, 19 December 2000, distinguished

COUNSEL:

R A East for the applicant
M J Copley for the respondent

SOLICITORS:

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

THE CHIEF JUSTICE:  On the 25th of September 2005, the applicant committed four offences to which he pleaded guilty in February 2007: 

the dangerous operation of a motor vehicle for which he was sentenced to 12 months imprisonment; 

going armed in public so as to cause fear (three months imprisonment); 

doing grievous bodily harm (four and a-half years imprisonment with parole eligibility set one and a-half years from the commencement of the sentence); 
and the unlawful possession of a weapon (two months imprisonment).  

All those terms…