QLDQCA
R v Milini [2001] QCA 424
[2001] QCA 424
Court of Appeal (Qld)|2001-10-09|Before: McPherson JA, Chesterman and Douglas JJSeparate reasons for judgment of, each member of the Court, each concurring as to the orders made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2001-10-09
Before
McPherson JA, Chesterman and Douglas 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
- CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – where
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 BYCONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – whereapplicant pleaded guilty to a charge ofunlawful killing and sentenced to 7years’ imprisonment – where Mental Health Tribunal previously foundthe applicantsuffers from paranoid schizophrenia – where finding ofmental illness irrelevant to the culpability of the applicant becausethecharges were based on criminal negligence not an intention to kill or causegrievous bodily harm – whether mental illnessnot amounting to insanityrelevant to sentencingCriminal Code (Qld) s 304AMentalHealth Act 1974 (Qld) s 33(1)(b), s 35AR v Benstead CA No 9of 1995, 23 May 1995, referred toR v Cole SC No 611 of 1999, 28 June2001, referred toR v Dunn CA No 29 of 1994, 13 May 1994,citedR v Hile [1999] QCA 17, referred toR v Hill SC No 261of 2001, 5 September 2001, referred toR v Lock SC No 479 of 1997, 10