R v Hardie

[1999] QCA 352

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Attempted murder
3. › Intent to kill
4. › Sufficiency of evidence
5. › Whether verdict unsafe and unsatisfactory
6. › Whether open to rational jury to find intent to kill from circumstantial and direct evidence
1. Criminal Law
2. › Appeal
3. › Unsafe and unsatisfactory verdict
4. › Standard of review
5. › Whether it was open to a rational jury to convict
1. Criminal Law
2. › Sentencing
3. › Attempted murder
4. › Sentence of 14 years imprisonment
5. › Effect of Part 9A of Penalties and Sentences Act 1992 (Qld) on parole eligibility
6. › Whether head sentence should be reduced to account for delayed parole eligibility
7. › Penalties and Sentences Act 1992 (Qld), Pt 9A, s 9A
1. Criminal Law
2. › Directions to jury
3. › Intent
4. › Whether trial judge adequately directed that intent must exist at time of the act

Quick Take

A court should not reduce a head sentence below the range otherwise applicable merely because Part 9A of the Penalties and Sentences Act 1992 (Qld) requires the offender to serve 80% of the sentence before parole eligibility; to do so would defeat the legislative intention. Intent to kill for attempted murder may be inferred from the nature of injuries inflicted (throat cutting), prior threats, and post-offence statements expressing regret at not having killed the victim.