R v McDowall [2005] QCA 260

Court of Appeal (Qld)|2005-07-26|Before: McPherson, Williams and Keane JJASeparate reasons, for judgment of each member of the Court, each concurring as to the order, made

The applicant applied for and was granted bail on 18 May 2005 and is still on bail at the present time. In the circumstances, a warrant should issue for his apprehension. I would therefore dismiss the application for leave to appeal against sentence and order that a warrant issue for the apprehension of the applicant.

McPHERSON JA: The order is the application for leave to appeal is dismissed. I further order that a warrant for the apprehension of the applicant issue, to lie in the Registry for 24 hours.

In this Court, counsel for the applicant relies on the decision in R v Hamilton [2000] QCA 286, in support of the proposition that there is little or no utility in a short term of imprisonment, such as one month, and that in consequence, the Court should conclude that the sentence in fact imposed was manifestly excessive.

Counsel for the respondent referred the Court to the decision in R v Wickham & Anor [1998] QCA 168, which has been followed by this Court in R v Harch [2004] QCA 113.

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