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[1994] QCA 70
Court of Appeal (Qld)
1994-03-23
Pincus J, Thomas J
Original judgment source is linked above.
The application for leave to appeal should be granted and the sentences imposed below set aside insofar as it was there ordered that the terms imposed should be served cumulatively on sentences already being served. The respective terms of four years and of three months should remain but it should be ordered that they be concurrent, that is they will commence from 18 June 1993. There will be added a fresh parole recommendation ordering that the applicant be eligible for consideration for parole on 1 December 1994.
R
Del Arco [1994] QCA 70
The co-offender was aged only seventeen when the offences occurred and he had no previous convictions. The applicant was somewhat older, being aged twenty-one, and he already had a significant criminal history. Further, in involving himself as he did in this criminal activity, he was in blatant breach of the terms of his home detention. Counsel for the applicant for his part recognised these points of distinction but submitted that nevertheless there was too great a disparity in the way in which the two offenders were treated and said that within the principle enunciated in Lowe v. The Queen [1984] HCA 46; (1984) 154 CLR 606 the court's interference in a substantial way was justified quite apart from the necessity to remedy the deficiency in the sentencing order to make it conform with the requirements of s. 157(3) of the Penalties and Sentences Act 1992. Whereas the co-offender who had already been sentenced had been placed on probation for three years and ordered to perform 200 hours of community service, the applicant was as already mentioned, sentenced to four year terms of imprisonment to be served cumulatively upon sentences he was already serving.
(1984) 154 CLR 606
(1990) 20 NSWLR 114