Court of Appeal (Qld)|2001-05-11|Before: McMurdo P, Williams JA, Chesterman JSeparate reasons for judgment of, each member of the Court each concurring as to the orders made
McMurdo P, Williams JA, Chesterman JSeparate reasons for judgment of, each member of the Court each concurring as to the orders made
Catchwords
CRIMINAL LAW – JURISDICTION PRACTICE AND PROCEDURE – JUDGMENT
AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN
INTO ACCOUNT –
MISCELLANEOUS MATTERS – OTHER MATTERS – where applicant pleaded
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – JURISDICTION PRACTICE AND PROCEDURE – JUDGMENTAND PUNISHMENT – SENTENCE – FACTORS TO BE TAKENINTO ACCOUNT –MISCELLANEOUS MATTERS – OTHER MATTERS – where applicant pleadedguilty to numerous sexual offencesagainst children – where applicant wasan ambulance officer with no prior criminal convictions – if sentenced tomorethan 10 years the applicant would have to serve 80 per cent of the term ofimprisonment – the sentencing judge erred in failingto consider theeffect on the sentence of Part 9A Penalties and Sentences ActCRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE– APPEAL BYCONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED– PARTICULAR OFFENCES –OFFENCES AGAINST THE PERSON – astarting point of 12 years imprisonment is too high for this case – whereoffences took
place over a relatively short period and did not involve violence
– a starting point of 11 years is appropriateCorrective
Services Act 1998 (Qld), s 166
Penalties and Sentences Act 1992 (Qld), s 156A, s 161A
s 161DR v Booth [2001] 1 Qd R 393,
consideredR v Galley CA No 380 of 1997, 21 November 1997,
citedR v Kingwell CA No 75 of 1993, 13 May 1993, cited
R v Reader [2000] QCA 279
CA No 126 of 2000, 14 July 2000, cited
R v Shillingsworth [2001] QCA 172
CA No 337 of 2000, 11 May 2001,
citedR v Simpson CA No 461 o f 1998, 7 May 1999,
cited
Judgment (1 paragraphs)
[1]
Director of Public Prosecutions (Queensland) for the respondent