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[1999] QCA 428
Court of Appeal (Qld)
1999-10-08
Pherson JA, Davies JA, Jones J
Original judgment source is linked above.
McPHERSON JA: This application was made by Christopher Michael Bright for leave to appeal against sentences imposed in the District Court. He was charged on an indictment containing six counts of offences, some of which were related, such as housebreaking, breaking entering and stealing and so on, and he was sentenced in respect of each count to imprisonment for 18 months, wholly suspended, with an operational period of three years, together with 200 hours of community service.
A question has been raised as to whether or not that combined form of sentence is authorised by the Act. We have not heard full submissions on the matter because the applicant when called to support his application for leave did not appear, and, so far as is known, has no intention of appearing.
In all the circumstances and to avoid any question about the validity of the order, which we do not suggest is erroneous, the course I suggest is to order that, in respect of the first three counts in the indictment, the sentence be one of 18 months imprisonment wholly suspended with an operational period of three years, and in respect of the last three of those counts, the sentence be 200 hours of community service.
In other words, the intention is that the sentence imposed below be varied by eliminating from the sentences in respect of the first three counts the order for community service, and by eliminating from the sentences imposed in the last three counts the order for imprisonment of 18 months wholly suspended with an operational period of three years.
McPHERSON JA: The order is that the application and appeal be allowed to the extent of varying the sentences below in the limited respect I have specified.
R
Bright [1999] QCA 428