Court of Appeal

R v Presgrave [2014] QCA 105 (13/0217) Holmes and Fraser JJA and Thomas J 9 May 2014

Full-text: QCA14-105.pdf


CRIMINAL LAW APPEAL AND NEW TRIAL APPEAL AGAINST SENTENCE GROUNDS FOR INTERFERENCE SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE where applicant pleaded guilty to one count of grievous bodily harm, one count of assault occasioning bodily harm whilst armed, one count of committing public nuisance, one count of going armed so as to cause fear, one count of breach of bail condition, one count of unlawful use of a motor vehicle, one count of driving without a license, one count of driving without a license (repeat offender), and one count of failing to take reasonable care and precautions in respect of a syringe or needle where the applicant was sentenced to four years imprisonment for the grievous bodily harm, to be served cumulatively with an 18 month sentence for the assault occasioning bodily harm whilst armed; and concurrently with six months imprisonment for the count of going armed in public, and two months imprisonment for the unlawful use of motor vehicle and committing public nuisance, with a parole eligibility date set after one third of the head sentence is served where some of the offences were committed whilst the applicant was on bail for the grievous bodily harm offence where the applicant is 25 years of age and has a criminal history of violent offences where the offences were of a sustained nature and where the applicant showed no remorse whether the sentences for grievous bodily harm and assault occasioning bodily harm should have been imposed cumulatively whether the sentence imposed is manifestly excessive