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R v Tresize[2011] QCA 139
R v Tresize[2011] QCA 139
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Sentence Application |
ORIGINATING COURT: | |
DELIVERED ON: | 24 June 2011 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 23 May 2011 |
JUDGES: | Margaret McMurdo P, Cullinane and Jones JJ Separate reasons for judgment of each member of the Court, each concurring as to the order made |
ORDER: | Application for leave to appeal is dismissed |
CATCHWORDS: | CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant pleaded guilty to dangerous operation of a vehicle causing grievous bodily harm with the circumstance of aggravation that he was adversely affected by an intoxicating substance – where the applicant drove dangerously crossing double white lines and causing a collision – where the applicant attempted to leave the scene – where the applicant had a blood alcohol content of 0.19% and 12mg/kg of the active ingredient of cannabis in his blood – where the applicant had a serious traffic history – whether the sentence was manifestly excessive R v Haydon (1996) 26 MVR 345; [1996] QCA 503, considered R v Ibrahim (2003) 40 MVR 183; [2003] QCA 386, considered R v Roser [2005] QCA 457, considered R v Smith [2005] QCA 26, considered R v Saltmarsh (2007) 46 MVR 573; [2007] QCA 25, considered R v Slater [1997] QCA 042, considered R v Tabakovic (2005) 154 A Crim R 30; [2005] QCA 90, considered |
COUNSEL: | J Trevino for the appellant M Connolly for the respondent |
SOLICITORS: | Legal Aid Queensland for the appellant Director of Public Prosecution (Queensland) for the respondent |