R v Woodman

Case [2009] QCA 197


SUPREME COURT OF QUEENSLAND

CITATION:

R v Woodman [2009] QCA 197

PARTIES:

R
v
WOODMAN, Daniel Thomas
(applicant)

FILE NO/S:

CA No 18 of 2009
DC No 150 of 2008
DC No 173 of 2008
DC No 174 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

District Court at Mount Isa

DELIVERED ON:

17 July 2009

DELIVERED AT:

Brisbane

HEARING DATE:

3 June 2009

JUDGES:

McMurdo P, Fraser JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   The appeal against conviction is dismissed

2.   The application for leave to appeal against sentence is refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – the applicant pleaded guilty to doing grievous bodily harm with intent and was sentenced to 11 years imprisonment – the applicant threw methylated spirits onto the complainant's face and arms and set her alight – the complainant suffered extensive physical and psychological injuries – the applicant had a significant criminal history, including offences of violence against the complainant – whether the sentence was manifestly excessive – whether the judge gave too much weight to the applicant's prior criminal history

Penalties and Sentences Act 1992 (Qld), s 9(4)

R v Holland [2008] QCA 200, discussed
R v Lyon [2006] QCA 146, discussed
R v Mitchell [2006] QCA 240, discussed
R v Wentworth [1996] QCA 534, discussed
R v Williams [2002] QCA 142, discussed
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14, cited

COUNSEL:

J Henry SC for the applicant
J A Woolridge for the respondent

SOLICITORS:

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

  1. McMURDO P:  The applicant, Daniel Thomas Woodman, pleaded guilty in the District Court at Mount Isa on 8 December 2008 to doing grievous bodily harm with intent on 8 April 2008.  The complainant was his partner.  He was sentenced to 11 years imprisonment.  He committed this offence during the operational period of a partially suspended sentence of two and a half years imprisonment, 16 months of which remained unserved.  He was ordered to serve that 16 month period of imprisonment, but concurrently with the 11 year sentence.  Woodman also pleaded guilty to breaching a domestic violence order on 11 November 2007 for which he was sentenced to 134 days concurrent imprisonment.  He has applied for leave to appeal against his sentence, contending that it was manifestly excessive in that the judge gave too much weight to his prior criminal history and failed to adequately discount the sentence for his early plea of guilty. 

  1. He has also appealed against his conviction.  Although this appeal was not formally abandoned, the applicant's counsel informed the respondent's counsel that Woodman was only pursuing his application for leave to appeal against sentence.  This is unsurprising in light…

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Details
AGLC
R v Woodman [2009] QCA 197
Case
[2009] QCA 197
Decision Date

CaseChat Overview and Summary

In the matter of the criminal appeal against the conviction and sentencing of Woodman, the applicant pleaded guilty to an offence of grievous bodily harm with intent, involving the act of throwing methylated spirits onto the complainant's face and arms and setting her alight, resulting in extensive physical and psychological injuries to the complainant. The case was heard in the higher court on appeal against both the conviction and the sentence imposed. The applicant, having a significant criminal history, including prior violent offences against the complainant, was sentenced to 11 years imprisonment. The applicant sought to appeal against the sentence, arguing it was manifestly excessive and that the judge had given too much weight to the applicant's prior criminal history.

The legal issues before the court were whether the sentence imposed was manifestly excessive or inadequate, and if the judge had appropriately considered the applicant's prior criminal history in determining the sentence. The applicant argued that the sentence was manifestly excessive, taking into account the nature of the offence and the level of harm caused, as well as the judge's alleged overemphasis on the applicant's prior criminal history. The court was required to assess the proportionality of the sentence and the relevance of the applicant's criminal history in the sentencing process.

The court held that the appeal against conviction was dismissed, as there was no basis to challenge the conviction. Regarding the application for leave to appeal against the sentence, the court found that the sentence was not manifestly excessive or inadequate. The court considered the nature and severity of the offence, the harm caused to the complainant, and the applicant's significant criminal history. The judge appropriately balanced these factors in determining the sentence, and there was no evidence that the judge had given excessive weight to the applicant's prior criminal history. Consequently, the application for leave to appeal against the sentence was refused.

In summary, the appeal against conviction was dismissed, and the application for leave to appeal against the sentence was refused. The court upheld the original sentence imposed on the applicant, finding it to be proportionate and appropriately balanced in light of the offence and the applicant's criminal history.

Orders

Orders of the court

1. The appeal against conviction is dismissed

2. The application for leave to appeal against sentence is 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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