Court of Appeal (Qld)|2002-11-26|Before: de Jersey CJ, Williams JA and Mullins JSeparate, reasons for judgment of each member of the court, each concurring as to the, order made
de Jersey CJ, Williams JA and Mullins JSeparate, reasons for judgment of each member of the court, each concurring as to the, order made
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
– APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED
PERSONS –
APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AGAINST SENTENCE – APPEAL BY CONVICTEDPERSONS –APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAROFFENCES – PROPERTY OFFENCES –where applicant sentenced for seriesof drug and drug related offences including 9 years’ imprisonment fortrafficking dangerousdrugs with serious violent offence declaration –whether declaration under s 161 Penalties and Sentences Act 1992(Qld) should have been made with respect to presentence custody –where s 161(4) did not apply as part of custody was in respectof interstatewarrantsCRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AGAINST SENTENCE – APPEAL BY CONVICTEDPERSONS –APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAROFFENCES – PROPERTY OFFENCES –whether serious violent offence
declaration made sentence manifestly excessive – relatively little weight
given to poor health
of applicant did not make sentence manifestly excessive
– principle of parity in sentencing was adhered to as applicant had
greater criminality than co-offender – sentence not manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 161, s 161(1),
s 161(4), s 161B(3)(b)R v Bojovic [1999] QCA 206
[2000] 2 Qd R 183,
consideredR v Fox [1998] QCA 121
CA No 50 of 1998, 12 June 1998,
followedR v Irlam
ex parte A-G (Qld) [2002] QCA 235
CA 157 of 2002,
CA 173 of 2002
28 June 2002, referred toR v Massey [2002] QCA 312
CA 60 of 2002, 23 August 2002, referred to
Judgment (1 paragraphs)
[1]
Director of Public Prosecutions (Queensland) for the respondent