SUPREME COURT OF QUEENSLAND
CITATION:
R v Zarnke [2019] QCA 141
PARTIES:
R
v
ZARNKE, John Bernard
(applicant)FILE NO/S:
CA No 241 of 2018
SC No 1152 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 20 August 2018 (North J)
DELIVERED ON:
26 July 2019
DELIVERED AT:
Brisbane
HEARING DATE:
10 May 2019
JUDGES:
Fraser and Morrison and McMurdo JJA
ORDER:
Application dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was sentenced to 13 years imprisonment for manslaughter – where the applicant had a personality with a propensity towards violence, suffered from a severe and at times treatment-resistant schizophrenic illness, and had a long history of drug use – whether the sentencing judge erred by imposing a sentence beyond that which was appropriate, for the purpose of protecting the community – whether the sentence imposed was manifestly excessive in all of the circumstances
Penalties and Sentences Act 1992 (Qld), s 9
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39, cited
R v Beacham (2006) 163 A Crim R 348; [2006] QCA 268, applied
R v Goodger[2009] QCA 377, cited
R v Miguel [1994] QCA 512, considered
R v Perini; Ex parte Attorney-General (Qld) (No 2) (2011) 222 A Crim R 333; [2011] QCA 384, distinguished
R v Potter; Ex parte Attorney-General (Qld) (2008) 183 A Crim R 497; [2008] QCA 91, distinguished
R v Pringle; Ex parte Attorney-General (Qld) [2012] QCA 223, distinguished
R v Yarwood (2011) 220 A Crim R 497; [2011] QCA 367, cited
Veen v The Queen (1979) 143 CLR 458; [1979] HCA 7, followed
Veen v The Queen [No 2] (1988) 164 CLR 465; [1988] HCA 14, followedCOUNSEL:
J R Jones with N Edridge for the applicant (pro bono)
D I Balic for the respondentSOLICITORS:
Fisher Dore Lawyers for the applicant (pro bono)
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: The applicant seeks leave to appeal against his sentence of 13 years imprisonment for manslaughter. The applicant was also sentenced to concurrent terms of two years imprisonment upon each of two counts of unlawfully using a motor vehicle and he was dealt with for various summary charges. The grounds of the proposed appeal are that the sentencing judge erred by imposing a sentence beyond that which is appropriate, for the purpose of protecting the community, and that the sentence is manifestly excessive.
The applicant was 34 years old when he committed the manslaughter offence. He had a criminal history of offences committed between 1997 and 1999 and in 2006 and 2007. Most of the convictions were for minor street and drug offences and breaches of bail. In addition to one conviction in 1997 and one in 1998 were for assaulting police, in 1998 the applicant was convicted of…
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- AGLC
- R v Zarnke [2019] QCA 141
- Case
- [2019] QCA 141
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the sentence imposed by the sentencing judge was manifestly excessive in all of the circumstances of the case. The court had to consider whether the sentence was appropriate in light of the appellant's background and whether it was imposed for the purpose of protecting the community. The court also had to consider whether the sentence was disproportionate to the offence committed, and whether there were any other factors that should have been taken into account when imposing the sentence.
The court held that the sentence imposed by the sentencing judge was not manifestly excessive. The court found that the sentencing judge had taken into account all of the relevant factors when imposing the sentence, including the appellant's background and the need to protect the community. The court also found that the sentence was proportionate to the offence committed, and that there were no other factors that should have been taken into account. The court dismissed the appeal and held that the sentence imposed was appropriate.
The court's decision in this case is a reminder that sentencing judges have broad discretion when imposing sentences, and that their decisions will not be lightly interfered with by appellate courts. The court's decision also highlights the importance of taking into account all relevant factors when imposing a sentence, including the offender's background and the need to protect the community.
Orders
Orders of the court
Application dismissed.
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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