QLDQCA
R v Craske [2002] QCA 49
[2002] QCA 49
Court of Appeal (Qld)|2002-03-01|Before: McMurdo P, Thomas and Williams JJASeparate reasons, for judgment of each member of the Court, each concurring as to the order, made.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-03-01
Before
McMurdo P, Thomas and Williams JJASeparate reasons, for judgment of each member of the Court, each concurring as to the order, made.
Catchwords
- CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE
- PERSON – OTHER OFFENCES AGAINST THE PERSON – ACTS
- INTENDED TO CAUSE
- OR CAUSING DANGER TO LIFE OR BODILY HARM – SENTENCING – where
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THEPERSON – OTHER OFFENCES AGAINST THE PERSON – ACTSINTENDED TO CAUSEOR CAUSING DANGER TO LIFE OR BODILY HARM – SENTENCING – whereapplicant sentenced to 18 months imprisonmentsuspended after serving 4 monthswith an operational period of 2 years, for an offence of occasioning grievousbodily harm –whether the learned trial judge erred in considering himselfconstrained by authority to require the applicant to actually servesome time incustody.CRIMINAL LAW – JURISDICTION PRACTICE AND PROCEDURE – JUDGEMENTAND PUNISHMENT – SENTENCE – FACTORS TO BETAKEN INTO ACCOUNT –FACTUAL BASIS FOR SENTENCE – PARTICULAR CASES – where the applicanthad earlier been severelyprovoked by the complainant and kicked the complainantin the head after the complainant had fallen on the ground - R v Cuffdistinguished. Application for leave to appeal against sentence