QLDQCA
R v Cassar; ex parte A-G [2001] QCA 300
[2001] QCA 300
Court of Appeal (Qld)|2001-07-31|Before: de Jersey CJ, Thomas and Williams JJAJudgment of the Court
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-07-31
Before
de Jersey CJ, Thomas and Williams JJAJudgment of the Court
Catchwords
- CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
- – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE
- – APPEAL BY
- ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – appeal against Judge’s
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE– APPEAL BYATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – appeal against Judge’sdecision to re-open sentence onbasis of “clear factual error ofsubstance” – where error specified as “a reasonableexpectation” asto likely parole date – where such expectationrested on condition that respondent properly conduct himself in prison –where respondent did not properly conduct himself – where s 188 concernsonly position obtaining at time of sentencing –whether sentencing courtclearly in error – whether s 188 encompasses re-opening in thesecircumstances – whether a sentencingJudge’s expectation as toparole a matter of fact or merely a forecastPenalties and SentencesAct 1992 (Qld), s 188, s 188(1)(c)R v Abbott SC No 437 of1999, 27 June 2001, referred toR v Kelly [2001] QCA 292CA No 106 of