SUPREME COURT OF QUEENSLAND
CITATION:
R v Woods (No 2) [2018] QCA 312
PARTIES:
R
v
WOODS, Storm Danyon
(appellant/applicant)FILE NO/S:
CA No 277 of 2017
DC No 362 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Cairns – Date of Conviction & Sentence: 10 November 2017 (Clare SC DCJ)
DELIVERED ON:
13 November 2018
DELIVERED AT:
Brisbane
HEARING DATE:
1 June 2018
Written submissions received 6 September and 7 September 2018JUDGES:
Morrison JA and North and Henry JJ
ORDERS:
1. The application for leave to appeal against sentence is granted.
2. The appeal is allowed.
3. The sentence imposed for grievous bodily harm is set aside and instead the applicant is sentenced to four years imprisonment.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted by a jury of doing grievous bodily harm and unlawful wounding – where the conviction for unlawful wounding was quashed on appeal – where after appeal the prosecution elected not to pursue the charge of wounding – where the applicant was sentenced to five and a half years imprisonment for grievous bodily harm and two years for the unlawful wounding – where the prosecution contends the wounding forms part of the circumstances of the offence of grievous bodily harm – whether sentence manifestly excessive
Corrective Services Act 2006 (Qld), s 184(2)
Penalties and Sentences Act 1992 (Qld), s 9(3)(d)R v Baker[2012] QCA 237, cited
R v Bryan; Ex parte Attorney-General (Qld) (2003) 137 A Crim R 489; [2003] QCA 18, cited
R v Campbell[2016] QCA 42, cited
R v D [1996] 1 Qd R 363; [1995] QCA 329, discussed
R v Johnson[2012] QCA 141, cited
R v Johnston[2004] QCA 12, cited
R v Norris[2012] QCA 57, considered
R v Sargent[2016] QCA 32, cited
R v Woods[2018] QCA 167, referred toCOUNSEL:
J A Greggery QC for the appellant/applicant
M R Byrne QC, with M L Franklin, for the respondentSOLICITORS:
Phillip Bovey and Co Solicitors for the appellant/applicant
Director of Public Prosecutions (Queensland) for the respondent
MORRISON JA: I agree with the reasons of Henry J and the orders his Honour proposes.
NORTH J: I agree with the reasons for judgment of Henry J and with the orders proposed by his Honour.
HENRY J: The applicant was convicted by a jury of doing grievous bodily harm to Mitchell Robinson and unlawfully wounding Tiffanie Hansen. He was sentenced to concurrent terms of imprisonment of five and a half years for grievous bodily harm and two years for unlawful wounding. He appealed his convictions and applied for leave to appeal sentence. This court allowed the appeal against conviction for unlawfully wounding Ms Hansen.
The consequence of that outcome for the application for leave to appeal sentence was explained in
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- AGLC
- R v Woods (No 2) [2018] QCA 312
- Case
- [2018] QCA 312
- Decision Date
CaseChat Overview and Summary
The court carefully considered the circumstances of the case and the principles of sentencing. It noted that the sentence for grievous bodily harm should reflect the totality of the circumstances, including the impact of the quashed unlawful wounding conviction. The court concluded that the original sentence did not adequately reflect the reduced scope of the offence following the appeal. The court's decision underscores the importance of considering all relevant factors when determining an appropriate sentence, particularly in cases where the scope of the offence has been altered by an appeal.
The final orders of the court were to grant the application for leave to appeal against sentence, allow the appeal, set aside the original sentence for grievous bodily harm, and impose a new sentence of four years imprisonment for the grievous bodily harm conviction. This outcome reflects the court's commitment to ensuring that sentences are proportionate and just, taking into account all relevant legal and factual considerations.
Orders
Orders of the court
1. The application for leave to appeal against sentence is granted.
2. The appeal is allowed.
3. The sentence imposed for grievous bodily harm is set aside and instead the applicant is sentenced to four years imprisonment.
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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