QLDQCA
R v Hall; ex parte Attorney-General of Qld [2002] QCA 125
[2002] QCA 125
Court of Appeal (Qld)|2002-04-05|Before: Williams JA, White and Philippides JJSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-04-05
Before
Williams JA, White and Philippides JJSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
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 – APPLICATIONS TO INCREASE
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 – APPLICATIONS TO INCREASESENTENCE – OFFENCES AGAINSTTHE PERSON – where a sentence of 4 yearsimprisonment imposed on the respondent consequent upon his pleading guilty to achargeof the manslaughter of his baby son – where previous conviction ofassault occasioning bodily harm to 15 day old baby –whether sentenceoutside the scope of a proper sentencing discretion – whether manifestinadequacy - R v Irvine distinguished – whether a serious violentoffence declaration should be imposed – where sentence of 4 yearsimprisonmentset aside and 6 years imprisonment substitutedCriminal Code (Qld) s669A(1)Penalties & Sentences Act1992 (Qld) s 9(4)(g)R v Amituanai [1995] QCA 80(1995) 78 A Crim R 588, consideredR v Auberson