QLDQCA
R v Massey [2002] QCA 312
[2002] QCA 312
Court of Appeal (Qld)|2002-08-23|Before: McPherson and Williams JJA and Holmes JSeparate, reasons for judgment of each member of the Court, each concurring as to the, order made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-08-23
Before
McPherson and Williams JJA and Holmes JSeparate, reasons for judgment of each member of the Court, each concurring as to the, order made
Catchwords
- CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT
- AND PUNISHMENT – SENTENCE – NON-PAROLE PERIOD
- OR MINIMUM TERM
- – QUEENSLAND – where applicant who was sentenced to mandatory life
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENTAND PUNISHMENT – SENTENCE – NON-PAROLE PERIODOR MINIMUM TERM– QUEENSLAND – where applicant who was sentenced to mandatory lifeimprisonment for murder was heldin pre-sentence custody upon the charge ofmurder and other unrelated offences – where pursuant to s135(2)(b)Corrective Services Act 2000 (Qld) applicant must serve 15 years of lifesentence before becoming eligible for post prison community based release -whetherlearned sentencing judge erred in not giving the applicant credit for755 days in pre-sentence custodyCorrective Services Act 2000 (Qld), s 135(2)(b) Penalties& Sentences Act 1992 (Qld), s 154(a), s 161R v Fox [1998] QCA 121CA No 50 of 1998, 12 June 1998,followedR v Lace [2002] QCA 205CA No 346 of 2001, 14 June 2002,consideredR v Skedgwell [1998] QCA 93[1999] 2 Qd R 97, distinguished