R v Baker [2002] QCA 174

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN GRANTED - where applicants pleaded guilty to two offences of manslaughter and an assault occasioning bodily harm - where the female offender was sentenced as a child and the male offender as an adult - where the learned trial judge sentenced the male offender to life imprisonment and the female offender to twelve years imprisonment and declared that both had been convicted of serious violent offences - whether the sentences were manifestly excessive

CRIMINAL LAW - JURISDICTON, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT - MISCELLANEOUS MATTERS - PLEA OF GUILTY, CONTRITION AND CO-OPERATION - GENERALLY - where applicants initially pleaded not-guilty at one trial - where a re-trial was ordered and at the commencement, the applicants pleaded guilty - whether the learned trial judge had given any benefit for the plea of guilty - whether guilty plea was able to be used as a matter of mitigation

CRIMINAL LAW - JURISDICTON, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - JUVENILE OFFENDERS - SENTENCING AS A CHILD OR ADULT AND IMPRISONMENT -whether the female offender's youth and her lack of previous criminal history, plea of guilty were taken into account by the trial judge - whether the learned trial judge ordered the shortest appropriate period for the detention order as required by the Juvenile Justice Act

Juvenile Justice Act 1992 (Qld), s 105(2), s 107B, s 121(3)(b)(ii)

Penalties and Sentences Act 1992 (Qld) , s 13(1) Atholwood (1999) 109 A Crim R 465, applied Cameron v The Queen (2002) 76 ALJR 382, applied McQuire & Porter [2000] QCA 40; (2000) 110 A Crim R 348, applied

R v Babsek; ex parte Attorney-General [1999] QCA 364, referred to

R v Bird and Schipper [2000] QCA 94, applied_._

R v Bulger [1990] 2 Qd R 559, referred to

R v Duong and Others [2002] QCA 151, applied

R v Galley [1997] QCA 479, applied

R v Griffin and Dunkerton [1999] QCA 71, applied

R v Harman [1989] 1 Qd R 414, referred to

R v Morton [1986] VicRp 82; [1986] VR 863 at 867, applied

R v Picker [1970] 2 QB 161, referred to

R v Sheedy [1999] QCA 446; (1999) 108 A Crim R 453, referred to

R v Taylor & Napatali; ex-parte Attorney-General (CA 157 & 158 of 1999), applied

R v Thomson; R v Houlton [2000] NSW CCA 307

R v Walker (1992) 13 Cr App R(S) 474, applied

R v Whiting; ex parte Attorney-General [1994] QCA 425; [1995] 2 Qd R 199, referred to

Siganto v The Queen [1998] HCA 74; [1998] 194 CLR 656, referred to

Veen No 1 (1979) 143 CLR 465, applied

Veen No 2 [1988] HCA 14; (1988) 164 CLR 465, applied

AJ Rafter, for the applicant, Bates, in CA No 295 of 2001

PJ Callaghan, for the applicant, Baker, in CA No 329 of 2001

Goodfellow & Scott for the applicant, Bates, in CA No 295 of 2001

Legal Aid Queensland for the applicant, Baker, in CA No 295 of 2001

Queensland Department of Public Prosecutions for the respondent in both appeals