SUPREME COURT OF QUEENSLAND
CITATION:
R v Woods [2016] QCA 310
PARTIES:
R
v
WOODS, Aaron Lee
(appellant/applicant)FILE NO/S:
CA No 133 of 2015
DC No 1764 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 22 May 2015; Date of Sentence: 3 June 2015
DELIVERED ON:
25 November 2016
DELIVERED AT:
Brisbane
HEARING DATE:
12 July 2016
JUDGES:
Fraser and Philippides JJA and Burns J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Dismiss the appeal.
2. Refuse the application for leave to appeal against sentence.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – EFFECT OF MISDIRECTION OR NON-DIRECTION – where the appellant was found guilty by a jury and convicted of entering a dwelling with intent to commit an indictable offence (count 1) and wounding (count 2) – where the appellant submits that the trial judge failed to properly direct the jury in relation to circumstantial evidence – where the appellant further submits that the trial judge merely repeated conventional directions about reasonable doubt without directing the jury that if there was any reasonable possibility consistent with innocence it was the jury’s duty to acquit the defendant – whether the trial judge erred in directing the jury
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was found guilty by a jury and convicted of entering a dwelling with intent to commit an indictable offence (count 1) and wounding (count 2) – where the appellant was sentenced to concurrent terms of imprisonment of 10 years on count 1 and six years on count 2 – where the appellant applies for leave to appeal against the sentences imposed for counts 1 and 2 – where the appellant submits that the sentences imposed are manifestly excessive – where the respondent submits that 10 years imprisonment was an appropriate sentence for the criminality of both counts – whether the sentence was manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – JUDGE ACTED ON WRONG PRINCIPLE – where the appellant was found guilty by a jury and convicted of entering a dwelling with intent to commit an indictable offence (count 1) and wounding (count 2) – where the appellant was sentenced to concurrent terms of imprisonment of 10 years on count 1 and six years on count 2 – where those terms of imprisonment were made cumulative upon a sentence of three years imprisonment which had been imposed for 49 other offences – where the appellant contends that the sentencing judge erred by improperly considering the issue of totality – where the appellant submits that the sentencing judge misapplied the totality principle by inflating the sentence for count 1 to take into…
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- AGLC
- R v Woods [2016] QCA 310
- Case
- [2016] QCA 310
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved assessing whether the trial judge's directions to the jury contained any errors that could have influenced the verdict unjustifiably. The court also had to consider whether the sentences imposed were excessively severe and whether the sentencing judge had acted on an incorrect principle in determining the terms of imprisonment. The appellant's arguments centered on the idea that the sentences were disproportionate to the crimes committed, and that the judge had failed to properly apply the principle of totality when considering the cumulative effect of the sentences.
The court meticulously reviewed the trial judge's directions to the jury and found no substantive errors that would warrant a new trial. The court held that the judge had adequately instructed the jury on the principles of circumstantial evidence and reasonable doubt. Regarding the sentence, the court found that the sentencing judge had not misapplied the principle of totality and that the sentences were within the appropriate range for the offences committed. The court was satisfied that the totality of the sentences, including those for the 49 other offences, was proportionate to the gravity of the crimes.
The court dismissed the appeal against the convictions and refused the application for leave to appeal against the sentences. The court's decision upheld the original findings and sentences, thereby concluding that the appellant's arguments did not substantiate a miscarriage of justice or an error in the sentencing process.
Orders
Orders of the court
1. Dismiss the appeal.
2. Refuse the application for leave to appeal against sentence.
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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