R v John

[2014] QCA 86

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Attempted murder
5. › Whether jury entitled to conclude beyond reasonable doubt that appellant struck lighter intending to kill complainant
6. › Whether appeal should be dismissed
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive
6. › Attempted murder
7. › Domestic violence context
8. › Mental health issues
9. › Shocking criminal history
10. › Whether 16 years imprisonment manifestly excessive
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Sentencing findings of fact
5. › Whether trial judge erred in finding appellant poured petrol on complainant
6. › Evidence Act 1977 (Qld), s 132C

Quick Take

Sentences of 16 years imprisonment for attempted murder in a domestic violence context are not manifestly excessive where the offender has a shocking criminal history of violence against partners, documented mental health issues that he repeatedly failed to address, and showed no remorse. An impulsive formation of intent to kill and concurrent suicidal intent do not significantly mitigate the seriousness of the offence. Mental health issues that reduce moral culpability may simultaneously increase the need for community protection where the offender knew alcohol abuse could lead to violence.