Colledge v The Queen

[2001] WASCA 132

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Grievous bodily harm
4. › Use of motor vehicle as weapon
5. › Whether sentence of 4 years imprisonment manifestly excessive
6. › Turns on own facts
1. Criminal Law
2. › Sentencing
3. › Suspended imprisonment
4. › Whether sentencing judge erred in declining to suspend sentence
5. › Considerations relevant to suspension
6. › Sentencing Act 1995 (WA), ss 39, 76
1. Criminal Law
2. › Sentencing
3. › Factual findings for sentencing purposes
4. › Standard of proof beyond reasonable doubt
5. › Whether finding of deliberate use of vehicle as weapon open on the evidence
6. › Alternative inference of intention to frighten

Quick Take

A sentence of 4 years imprisonment is within the appropriate range for grievous bodily harm where the offender deliberately uses a motor vehicle as a weapon, causing serious injuries including broken pelvis and fractured knee, and displays no remorse. The same considerations relevant to the imposition of a term of imprisonment are to be revisited in determining whether to suspend that term, following Dinsdale v The Queen.