R v Franklin
[2000] QCA 369
To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Exit Distraction Free Reading Mode
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
- Unreported Judgment
- Appeal Determined (QCA)
- R v Franklin[2000] QCA 369
- Add to List
R v Franklin[2000] QCA 369
R v Franklin[2000] QCA 369
COURT OF APPEAL
PINCUS JA
MUIR J
JONES J
CA No 149 of 2000
THE QUEEN
v.
| RUSSELL JEFFREY FRANKLIN | Applicant |
BRISBANE
DATE 12/09/2000
JUDGMENT
PINCUS JA: In this application it appears that the applicant has not reached the category of being incorrigible, by any means. He seems to have some difficulty with slowness.
A point taken on his behalf is that the three years suspension may have an ill-effect, in the sense that past history suggests that, at least without guidance, he may very well come before the Courts and have to serve out the rest of the suspended sentence, the three year period being a fairly long time in his life.
It has been argued by Mr Rafter on behalf of the applicant that a more suitable treatment of the matter would involve a two year probation order, rather than three years' suspension, the idea being that in this way he will have more hope of getting through the next period of his life without offending further.
The difficulty I have had with the matter, although I find Mr Rafter's suggestion attractive, is that the suggestion that the sentence imposed below was manifestly excessive may seem difficult to support. On the whole, however, and not without some doubt, I have formed the opinion that that test is satisfied.
The orders will therefore be, application granted, appeal allowed; the sentences are confirmed except the sentence with respect to dangerous operation of a vehicle.
On that count, that is dangerous operation of a vehicle, the sentence imposed below will be set aside and in lieu it will be ordered that the applicant serve four months imprisonment and the Court will make a probation order for 2 years on the terms set out in section 93 of the Penalties and Sentences Act 1992, to which is added that the applicant must report to an authorised Corrective Service Officer at Ipswich within 48 hours of release from prison.
...
PINCUS JA: The disqualification from holding or applying for a driver's licence imposed by the learned sentencing Judge will stand.
MUIR J: I agree.
JONES J: And I agree with the reasons for the presiding Judge and the orders proposed.
PINCUS JA: That will be the order.