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 facts

Court

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

Director of Public Prosecutions (Queensland) for the appellant

R v Cassar; ex parte A-G [2001] QCA 300

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Judgment (1 paragraphs)

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