Court of Appeal (Qld)|2002-06-21|Before: McMurdo P, Fryberg and Mullins JJSeparate reasons, for judgment of each member of the Court, Fryberg and Mullins JJ concurring as, to the orders made, McMurdo P dissenting, in part.
McMurdo P, Fryberg and Mullins JJSeparate reasons, for judgment of each member of the Court, Fryberg and Mullins JJ concurring as, to the orders made
Catchwords
CRIMINAL LAW – Judgment and Punishment – Sentence –
Factors to be taken into account – Totality – Sentences
for several
offences – Where serious violent offence declaration made under s 161B(3)
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – Judgment and Punishment – Sentence –Factors to be taken into account – Totality – Sentencesfor severaloffences – Where serious violent offence declaration made under s 161B(3)Penalties and Sentences Act 1992 – Whether declaration madesentence manifestly excessiveCRIMINAL LAW – Judgment and Punishment – Non-parole period orminimum term – Queensland – Where applicantserving four terms ofimprisonment – Where one offence declared to be a serious violent offence– Where trial judge madeno recommendation for post-prison community basedrelease – Interpretation of s 135(2) Corrective Services Act2000Corrective Services Act 2000 (Qld), s 134, s 135(2)Penaltiesand Sentences Act 1992 (Qld), s 3, s 9, s 13, s 157, s 161BR v Bird and Schipper [2000] QCA 94, consideredR vBojovic [1999] QCA 206[2000] 2 Qd R 183, appliedR v Booth [2001] 1 Qd R 393,consideredR v B
ex parte Attorney-General [2000] QCA 110,
consideredR v Bui [2002] QCA 151, consideredR v Collins
[2000] 1 Qd R 45, consideredR v Crossley (1999) A Crim R 80,
consideredR v Daphney [1999] QCA 69, consideredR v DeSalvo
[2002] QCA 63, consideredR v Hardie [1999] QCA 352,
consideredR v Herford [2001] QCA 177, consideredR v Irving
[2001] QCA 472, consideredR v Jones [2000] QCA 84, consideredR
v Keating [2002] QCA 19, consideredR v Lovell [1998] QCA 36
[1999] 2 Qd R 79,
consideredR v Lund [2000] QCA 85, consideredR v McCartney
[1999] QCA 238, consideredR v Moore
ex parte Attorney-General [2002]
QCA 116, consideredR v Newcombe and Middleton [1999] QCA 408,
consideredR v Palmer [2000] QCA 15, consideredR v
Shillingsworth [2001] QCA 172
[2002] 1 Qd R 527, appliedR v Stinton [1999] QCA
15, consideredR v Taylor and Napatali
ex parte Attorney-General
[1999] QCA 323
(1999) 106 A Crim R 578, consideredR v Vanderwerff [1999] QCA 169,
considered
Judgment (26 paragraphs)
[1]
CRIMINAL LAW - Judgment and Punishment - Sentence - Factors to be taken into account - Totality - Sentences for several offences - Where serious violent offence declaration made under s 161B(3) Penalties and Sentences Act 1992 - Whether declaration made sentence manifestly excessive CRIMINAL LAW - Judgment and Punishment - Non-parole period or minimum term - Queensland - Where applicant serving four terms of imprisonment - Where one offence declared to be a serious violent offence - Where trial judge made no recommendation for post-prison community based release - Interpretation of s 135(2)Corrective Services Act 2000 Corrective Services Act 2000 (Qld), s 134, s 135(2)