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.
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
& Attorney-General of Queensland [1996] QCA 321
CA No 248 of 1996, 3
September 1996, consideredR v De Salvo [2002] QCA 63
CA No 284 of
2001, 15 March 2002, consideredR v Irvine & Attorney-General of
Queensland [1997] QCA 138
CA No 82 of 1997, 8 May 1997,
distinguishedR v Keating [2002] QCA 19
CA No 251of 2001, 6 February
2002, consideredR v Melano
ex-parte Attorney-General [1994] QCA 523
(1995) 2 QdR
186, consideredR v Ross [1996] 411
CA No 347 of 1996, 25 October
1996, consideredR v Walsh CA No 85 of 1986, 12 June 1986,
considered
Judgment (1 paragraphs)
[1]
Director of Public Prosecutions (Queensland) for the appellant
Parties
Applicant/Plaintiff:
R
Respondent/Defendant:
Hall; ex parte Attorney-General of Qld [2002] QCA 125